Officials to blame for graft, says CJ

What you need to know:

  • Among officials who have since appeared before the House team is Chief Registrar Anne Amadi, who disclosed that the Judiciary paid out close to Sh200 million to suppliers of various goods and services through verbal transactions that were not supported by documentation.

Chief Justice Willy Mutunga has blamed some of his officers for corruption in the Judiciary.

Dr Mutunga has sanctioned a report by Auditor-General Edward Ouko that revealed cases of misuse of funds.

But the CJ said the office of the Chief Registrar is the accounting office, and should be held responsible.

“Every time the Judicial Service Commission (JSC) sought to play its oversight role over the Chief Registrar’s office, it was accused of interference and yet the manner in which funds are utilised is of interest to the commission,” he says in a response to the report by the Auditor-General on corruption in the Judiciary.

The JSC, which is chaired by the CJ and whose role is to ensure judicial independence and accountability, was at loggerheads with former Chief Registrar Gladys Shollei who was sacked as a result.
Some JSC commissioners were placed under investigations but the process was later stopped by the courts.

Dr Mutunga also interdicted four senior officials in a corruption purge in the Judiciary in April.

However, National Assembly’s Public Accounts Committee (PAC) noted that Dr Mutunga (below), as the head of the Judiciary, was equally responsible for loss of more than Sh645 million through corruption.

The CJ was to appear before the PAC last week but asked for time to attend to other engagements out of the country. He is expected to appear before the committee on July 1.

“The CJ has agreed in principle to appear before the Public Accounts Committee and is expected to do so when he returns to the country this week,” said Mr Naim Bilal, the Judiciary’s communications director.

Verbal transactions

He said the CJ would give evidence centred on the findings of the Auditor-General’s report.

Among officials who have since appeared before the House team is Chief Registrar Anne Amadi, who disclosed that the Judiciary paid out close to Sh200 million to suppliers of various goods and services through verbal transactions that were not supported by documentation.

The parliamentary committee also heard that Deputy Registrar John Lowatan Tamar took home over Sh9 million he drew in allowances in just seven months.

Ms Winfrida Boyani Mokaya — Mr Lowatan’s immediate boss — took home Sh4.93 million in extra duty allowances and Sh1.178 million as extraneous allowances between August 2011 and June 2013, the House team was told.

Reacting to the report, which has been presented to the committee chaired by Budalang’i MP Ababu Namwamba, Dr Mutunga said an internal audit in the Judiciary had revealed even more rot.
“Due to time constraints, the report of the Auditor-General only covers part of the problem. Our own internal audit office has uncovered even more indicting irregularities,” he notes.

The CJ blames the absence of proper systems in the Judiciary for the corruption, saying some the cases uncovered by the report were purely a result of failure of administrative staff to discharge their functions diligently and professionally.

Some of the projects cited in the report include CJ’s residence at a cost of Sh300 million, leasing of JSC offices at Mayfair Place and the Elgon Place for Court of Appeal judges, who refused to the offices occupy over health concerns.

The report also accuses the former chief registrar of making payments for goods and services to 12 suppliers without the authority of the commission.