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"speaker_name": "Hon. (Ms.) Mbalu",
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"legal_name": "Jessica N. Mbalu",
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"content": "Thank you, Hon. Speaker, for giving me this chance to add my voice to the debate on the Report of PAC. The Judiciary is one of the arms of the Government that has preached the theory of separation of powers. As a country, we have given the Judiciary three important ingredients of judicial independence, namely, a fair process of judicial appointment, adequate funding and control mechanism as well as respect and support. It is, therefore, saddening that this Report has unearthed massive scandals of looting, coupled with irregular recruitment of staff and failure to comply with the Procurement and Disposal Act. Millions of shillings have been lost. Numerous sections of the Public Finance Management Act have been violated and most Kenyans’ hope of judicial transformation has been betrayed. Some of the findings of the PAC include weak leadership and poor governance structures in the Judiciary and poor work relations between the three wings of the Judiciary, namely, the Chief Justice, the Chief Registrar and the Judicial Service Commission (JSC). There were strained working relations between the Chief Justice and the Chief Registrar. The findings were that the two offices were not working in harmony. The duties of the Chief Registrar could be performed by the JSC. The findings of the PAC are that the provisions of the Public Procurement and Disposal Act have not been adhered to to-date. This could be as a result of ignorance, commission or abuse of office. Kenyans would not want to see inefficiencies in the running of the Judiciary. When we gave the Judiciary sufficient funds and a control mechanism, we expected reforms to be implemented. This country has been saddened by the loss of control in the Judiciary. Members of the PAC have said much about the transformation framework that has been ignored by the Judiciary. This boils down to the dissatisfaction of most Kenyans. The Judiciary is one arm of the Government where we least expected public matters to be handled in such a manner. We do not appreciate them. Hon. Speaker, there are actions that we found not to be in line with the Public Procurement and Disposal Act. On Pages 113 to 119 of the Report, it is clear that the Act was violated. Some bills were paid fraudulently. Among the wrong decisions that were made were the renting of office space at the Elgon Place, Mayfair Centre and Rahimtulla Towers. This is a clear indication that the laws were not followed. There was no indication of caring about following the laws that are passed in this Parliament. We found that, either through ignorance or involvement, the Judicial Service Commission (JSC) committed crimes. I am sure the recommendations by the Public Accounts Committee (PAC) are going to be followed. In future, we want to recommend that every department of the Judiciary should take up its position as the organ that is being watched by Kenyans. We give the Judiciary enough funding and we feel that, in future, we should reduce its budget because we have not seen value for the money that we have given them. The Chief Registrar of the Judiciary (CRJ) and members The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}