MPs call for resignation of Chief Justice Willy Mutunga

 

By Wilfred Ayaga

Chief Justice Willy Mutunga has been asked to take responsibility for the misappropriation of over Sh645 million by the Judicial Service Commission (JSC) through shady procurements and payments.

Three MPs from the Jubilee coalition cited a damning report by the Auditor General which implicated the JSC and other senior Judiciary officials in the loss of the funds.

“Some of the actions cited in the report have contravened the Constitution. If there are instances on breach of the Constitution, those responsible, including Mutunga must be prepared to own up by resigning to give way for investigations. Corruption must not be allowed to find a new home in the Judiciary,” said the MPs.

The legislators who addressed the press at Parliament buildings were Ndungu Githinji (Tetu), Asma Kamama (Tiaty) and Mithika Linturi (Igemebe South).

The report referred to by the MPs was prepared between December 2013 and March 2014 and cites various instances where the JSC violated provisions of the Public Procurement and Disposal Act, including one case where it approved the purchase of a residential property for the CJ without proper valuation being carried out.

 “We noted that the property had not been valued by a Government or professional valuer. Therefore the value could not be ascertained,” said the report.

The report also cites various instances where the Judiciary paid more than Sh262 million without preparation of vouchers as required by Government financial regulations.

Advance payments

Cases of bank accounts being opened without the authority of the Treasury and imprests being taken irregularly by members of judicial staff were also cited in the report.

Over Sh654 million, which represented 30 per cent of the total contracted amounts was paid as advance payments to suppliers, contrary to State regulations. Githenji said the House should convene to allow members to deliberate on the report.

“The House should be recalled from recess to discuss the issue. If not, we hope it will be among the first orders of House business when it resumes,” said Githenji. Linturi said Article 251 of the Constitution has the provisions for removal of the CJ but it is important for Kenyans to understand the report’s merits.

“I’m alive to the politics of this country. People will want to understand the merits of the issue raised in the report. It will require a lot of consultations to remove the CJ since he enjoys security of tenure,” he said.

Mutunga has previously steed clear of the corruption allegations that have been levelled against some senior judicial officials, saying that the law should be allowed to take its course.

The report shows that between May 2011 and 2013, the JSC made resolutions that were not within their constitutional mandate, and which should ordinarily have been made by the former chief registrar, Gladys Shollei.

 “The issues that were deliberated by the JSC are duties that should ordinarily be done by the Chief registrar of the Judiciary, as she was the accounting officer and administrator of the Judiciary fund,” the report said.