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{
    "id": 618938,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/618938/?format=api",
    "text_counter": 142,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "The Committee recommends that the Director of Public Prosecutions (DPP) swiftly institutes investigations and proceedings against those directly linked to financial impropriety and mismanagement, as enumerated in the Culpability Chapter of this Report. The Committee also recommends that those found guilty by a court of law make good the losses attributed to them in accordance with Article 226 (5) of the Constitution. The Committee also strongly recommends that those found guilty by a court of law for loss of public funds and failure to perform duty bestowed upon them by law, be barred from holding public office for such a period as the a court will determine. The Committee further recommends that the Judiciary moves with speed to implement the Judiciary Transformation Framework and ensures sound policies are in place to guide all operations of the Judiciary. The Committee recommends that the Ethics and Anti-Corruption Commission (EACC) investigates the formation of JKUATES Limited and the manner in which it was identified and contracted by the Judiciary. Any company found to have been involved in malpractices and/or professional negligence should be blacklisted by the Government and individuals behind those companies prosecuted. They should be de-listed by their respective professional bodies. The investigation by EACC should be further extended to all public universities and institutions of higher learning to identify amorphous bodies like JKUATES Limited, who operate under the guise of being public bodies with sole purpose of side-stepping the public procurement laws to confine financial benefits to private entities and individuals. The Committee recommends full recovery of irregularly paid allowances advanced to the staff of the JSC and the Judiciary. Also to be recovered are monies owed to the Judiciary in form of advance rates paid for premises which ended up not being occupied by the staff of the Judiciary. Hon. Speaker, I will quickly rush to the observations and findings, which I will just say in summary. The observations and findings have identified weak leadership and governance structures within the Judiciary. They have also identified the structural inefficiencies of the Judiciary Transformation Framework. This is worth to go on record. The observations have also identified sudden increase in budget allocation. I beg your indulgence to read it because it is only two paragraphs. It reads:- “There was a sudden upsurge in budgetary allocation to the Judiciary which created a recipe for an insatiable appetite for reckless expenditure. The budget for the Judiciary for the Financial Year 2010/2011 was Kshs3 billion. This tripled to Kshs9 billion in the 2011/2012 Financial Year, and jumped to Kshs16 billion in the subsequent financial year. In other words, in two short years, the Judiciary’s budget had increased five times. Even though the Committee notes that this rise in the Judiciary budget was essential for efficient administration of justice, it takes a great exception to the manner in which those charged with the management of its affairs and resources failed to develop structures in line with the Judiciary Transformation Framework (JTF) to effectively and efficiently absorb the funds.” The observations have also identified strained working relationship at the JSC. We have also identified irregular procurement procedures and processes, particularly the weaknesses with the tender committee and the procurement of Elgon Place, which the Committee has explained in 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."
}