MPs split on Mutunga summoning over graft report

MPs are divided on a request by Chief Justice Willy Mutunga seeking to shelve debate on a damning corruption report on the Judicial Service Commission (JSC).

Although Speaker Justin Muturi is expected to give a ruling on the matter this week, several legislators, including some members of the Public Accounts Committee (PAC) are already up in arms on the request that could alter the architecture of the entire report, which detailed procurement irregularities at JSC.

The PAC Chairperson Nicholas Gumbo (Rarieda) said Sunday the CJ had lost his opportunity to put his case forward and his team is not prepared to reopen the report.

"He was given a chance to appear before the committee, he spurned it, and the horse has already left the stable," Mr Gumbo told The Standard.

Gumbo's sentiments were supported by several PAC members, including John Mbadi (Suba) and Manson Nyamweya (South Mugirango).

"The CJ received numerous communications from the former chairman of PAC, Ababu Namwamba, on the matter, but he did not respond," said Mr Nyamweya during debate last week.

The JSC report that was tabled in July blamed the CJ for some of the malpractices at JSC, including the approval of some irregular payments. A bundle of communication papers brought to the House revealed that although there had been correspondence between the CJ and Namwamba on the former's summoning, the team eventually prepared the report without his input. This angered the CJ.

House Majority Leader Aden Duale told the House last week that Mr Mutunga's request is based on the argument that he was not granted an opportunity to give his side of the story before the report was prepared.

Lack of procedures to guide the summoning of the head of one arm of Government also led to breakdown of communication.

"It is clear that the CJ was mulling on whether to appear as head of the Judiciary or the chairperson of the Public Service Commission," said David Ochieng' (Ugenya), one of those backing the CJ's request.

He added that it was unfair to deny Mutunga an opportunity to appear before the team. "It is important that the committee's report be factual. The House cannot debate a report that is full of inaccuracies," the MP said.

A ruling that the CJ be given an opportunity to appear before the team raises the possibility that PAC could reconsider some of its earlier recommendations, including one that the CJ was the weak link in JSC's operations.