JSC officers at pains to justify huge payouts

PHOTO | FILE Parliament's Public Accounts Committee Accounts Committee Chairman Ababu Namwamba (right) at a past inquiry session. Deputy Registrar Mr John Lowatan Tamar’s actions came under scrutiny as the Parliamentary Accounts Committee (PAC) began interrogating Judicial Service Commission (JSC) officers over funds misappropriation as reported by the Auditor General.

What you need to know:

  • The Auditor General’s report on the misappropriation of Sh2.2 billion in the Judiciary which is the basis of the probe says Mr Lewotan and Mrs Boyani irregularly pocketed Sh1.4 million and Sh4.9 million in allowances respectively.
  • The Auditor’s report says the JSC’s Finance and Administration Committee (FAC) in a meeting held on July 15, 2011 recommended that officers seconded to the commission would be paid a sitting allowance of Sh10,000.

A Parliamentary Committee Wednesday took a senior officer in the Judiciary to task over Sh9 million he drew in allowances in just seven months.

Deputy Registrar Mr John Lowatan Tamar’s actions came under scrutiny as the Parliamentary Accounts Committee (PAC) began interrogating Judicial Service Commission (JSC) officers over funds misappropriation as reported by the Auditor General.

Between November 2012 and June 2013, Mr Lowatan pocketed Sh7.3 million in extra duty allowances, Sh290,000 in extraneous allowances and Sh1.6 million in allowances for 20 sittings in just one month.

Mr Lowatan who had accompanied Commissioner Mary Ominde – the first JSC member to appear before PAC yesterday – ended up being a subject of discussion.

Also in question were the allowances paid to Mrs Winfrida Boyani Mokaya – Mr Lowatan’s immediate boss. Mrs Mokaya took home Sh4.93 million in extra duty allowances and Sh1.178 million as extraneous allowances between August 2011 and June 2013.

The two are among 26 non-JSC members captured in an official Judiciary audit report as having drawn irregular allowances.

The Auditor General’s report on the misappropriation of Sh2.2 billion in the Judiciary which is the basis of the probe says Mr Lewotan and Mrs Boyani irregularly pocketed Sh1.4 million and Sh4.9 million in allowances respectively.

Seventeen judges are also listed among those who were irregularly paid allowances.

According to Ms Ominde, the judges were among experts invited to assist the commission to conduct interviews. They were paid Sh80,000 per sitting at the same scale as JSC members. That, according to the commissioner, was Sh70,000 more than the set allowances.

The Auditor’s report says the JSC’s Finance and Administration Committee (FAC) in a meeting held on July 15, 2011 recommended that officers seconded to the commission would be paid a sitting allowance of Sh10,000.

Ms Ominde who was the vice-chair of the committee at the time and the current chair was at pains to explain how her committee failed to intervene.

She claimed the commission was kept in the dark about most of the issues under probe. According Ms Ominde, the commission was never consulted and never approved allowances to be paid to non-members.

“No document ever came before the commission for approval on the matter of allowances to non-JSC members,” she said.

She appeared to contradict herself when she said she was not aware, leaving PAC members to conclude that the committee was incompetent.

“The commission was sleeping on the job. Even if the Chief Registrar was in the wrong, you failed to take remedial action,” said PAC chairman Mr Ababu Namwamba.