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"speaker_name": "Hon. (Eng.) Gumbo",
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"legal_name": "Nicholas Gumbo",
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"content": "controls and refusal or failure to follow public procurement laws, guidelines and regulations by the Judiciary. (iv) The JSC has been involved in operational activities and/or failed to carry out certain basic activities; for example, the failure to keep minutes of meetings, approval of payments to suppliers, payment vouchers, irregular direct procurements, approval or irregular allowances, among others. That is cited in this Report. (v) Procurement was done in a manner that flouted provisions of the Public Procurement and Disposal Act, 2005 and regulations. This was noted from irregularly constituted tender committees, direct procurements, and acquisition of the house for the Chief Justice, pre-fabricated premises, and lease of office space at Rahimtulla Towers, Elgon Place and Mayfair Court Center. (vi) Human resource management was extremely poor starting with lack of a guiding policy. Recruitment was not coordinated as the end user departments were not involved with some moving up to two job groups in a year. Allowances and salary advances were irregularly issued. (vii) There were general weak internal control mechanisms from poor record keeping to imprest management. The Judiciary operated bank accounts without the approval of the Treasury and some had single signatories in clear violation of both the Public Finance Management Act of 2012 and the regulations governing management of public finances. The Judiciary also spent over Kshs60 million on the Presidential inauguration despite Parliament having enacted a law on presidential assumption of office and having appropriated funds to that effect, accordingly. Hon. Speaker, the Committee notes with grave concern the apparent widespread financial and procurement mismanagement at the Judiciary, compounded by what bears the hallmarks of a culture of impunity that routinely condoned breaches of procurement procedures and financial regulations. The Committee finds that the former Chief Registrar of the Judiciary, Mrs. Gladys Boss Shollei failed to perform her duties as stipulated in Article 161 of the Constitution and as spelt out in the JSC Act, 2011. She was the accounting officer of the institution and was responsible for approving all expenditure. The Committee also takes great exception that the former Chief Registrar deliberately gave misleading information with regard to procurement of Mayfair Court premises in her recent submission."
}