Chief Justice Willy Mutunga team fails integrity test

Judicial Service Commission members at a past event. [PHOTO: FILE/STANDARD]

By Standard Reporter

KENYA: The Judiciary is expected to be a pillar of justice but in recent times, it has found itself tripping over legal issues.

Questions abound about its ability to adhere to ethics and laid down procedures.

The fractious relationship between the Judicial Service Commission (JSC) and the office of Chief Registrar of the Judiciary has raised the stakes in a vicious shadow power-game over financial control of the Judiciary.

In addition, it has also brought to the fore instances when due process has been ignored by an institution expected to lead by example.

Below are instances that have raised questions about the much-touted judicial reform process, the actors involved and whether the reforms are in danger of stalling.

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CASE 1:

Early August, JSC sent Chief Registrar Glady’s Shollei on compulsory leave to investigate allegations of financial impropriety relating to contracts awarded by the Judiciary. Ms Shollei, however, obtained a court injunction restraining JSC’s move.

In her sworn statement, Ms Shollei protested that adverse action against her was taken while she was on official assignment in Canada.

The controversial probe into her alleged misconduct and abuse of power related to Sh5 billion expenditure on premises, vehicles, technology, failure to audit construction of Milimani Law Courts, authorising cabling of the Milimani complex at Sh1 billion and disrespecting judges.

In her rejoinder, Shollei said there was no evidence that she had demeaned judges and dismissed the allegation as “unsubstantiated bar-room gossip”. She said JSC, Parliament and National Treasury approved Judiciary’s expenditure.

Out of court

The court injunction forced JSC to negotiate an out-of-court settlement with Shollei, which led to her return to office.

CASE 2:

Judiciary received funds from the Ford Foundation for cabling and partitioning of offices. Leaked email communication indicates that the funds, administered through the Judiciary Training Institute headed by judge Joel Ngugi, were to be deposited through an account named JTI-Ford. That account was opened at a Kenya Commercial Bank branch in Kiambu.

The only problem is that all Judiciary accounts must be opened with Central Bank of Kenya (CBK) and the move amounted to contravention of existing regulations. Judiciary finance director Benedict Omollo reversed the opening of the Kiambu account. The account was to be operated under CBK’s IFMIS system and not with an outside bank.

CASE 3:

Fraud activity related to an attempt to withdraw close to Sh80 million from the Judiciary account was detected on September 17. At least 11 other fictitious payments were detected and four Judiciary staff were arrested and later taken to court. But what transpired between the arrests and the court appearance was a move by JSC and the Chief Justice to stop the arrest and prosecution of the four ostensibly until JSC’s own internal investigations into the matter had been concluded.

 On September 20, JSC met and passed a resolution that stated: “Staff being held in police custody in relation to fraud should not be charged in court until investigations being undertaken are complete and the JSC is fully briefed.” The resolution was signed by lawyer Ahmednassir Abdullahi as chairman of JSC and Kakai Kissinger, the deputy Chief Registrar of the Judiciary.

However, the four were subsequently charged in court.