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{
    "id": 618939,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/618939/?format=api",
    "text_counter": 143,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "details in the observations. We have also identified procurement lapses in the procurement of space at Rahimtulla Towers and also the procurement of JKUATES Enterprise Services limited. We have also identified procurement lapses with regard to the purchase of the residence of the CJ, leasing of space at Mayfair Court Center and the prefabricated court structures. We have also identified procurement lapses with regard to leases from the Agricultural Finance Corporation (AFC). The observations have also identified poor human resource management, irregular payment of allowances and irregular salary advances payment in lieu of leave days. We have also identified lapses with regard to extremely poor record keeping, irregular imprest management and refunded expenditure on presidential inauguration. On irregularly operated bank accounts, it is good to go on record that the Committee observed that some accounts still have former employees as signatories, posing risk of loss through transaction by non-employees. An example is the Milimani Law Courts revenue account that still has the former Chief Registrar of the Judiciary (CRJ) as the signatory, even though she has left the Commission. More disturbing to the Committee is the fact that some accounts had a single signatory, for example the Milimani Law Court Deposit Account Number 1116930854 at Kenya Commercial Bank (KCB) operated solely by the former CRJ and the Milimani Law Courts Recurrent Account Number 229777367 at KCB operated solely by Mr. Gilbert Mutembei. The Committee notes that single custody of accounts leaves a loophole for a possible loss of funds for personal enrichment. It also takes great exception to how any bank of repute would permit single signatory account for public funds. It was also noted that the funds collected as being bonds and deposits were used to pay suppliers, contrary to regulations which requires that they are only held for purposes for which they were paid. Hon. Speaker, Kshs67 million was misapplied from the Milimani Law Courts deposit account. The Committee also observes irregularities with regard to procurement of security consultancy. On culpability, the Committee was guided by witness statements, evidence submitted and its observations in the many site visits it conducted to assign responsibility and culpability for errors of omission and commission. With this, the Committee is alive to Article 226(5) of the Constitution that states that:- “If the holder of a public office, including a political office, directs or approves the use of public funds contrary to law or instructions, the person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of the office or not.” Specifically, the Committee notes that the powers and functions of the Chief Justice as spelt out in Section (5) of the Judicial Service Act 2011 are as follows:- 1. “The CJ shall be the head of the Judiciary and president of the Supreme Court and shall be the link between the Judiciary and other arms of Government. 2. The CJ shall:- (a) Assign duties to the Deputy Chief Justice, the President of the Court of Appeal, the Principal Judge of the High Court and the Chief Registrar of the Judiciary. (b) The CJ shall give an annual report to the nation on the state of the Judiciary and the administration of justice and cause the report to be published in the Gazette and copy thereof sent under a hand of the CJ to 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."
}