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{
    "id": 619054,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/619054/?format=api",
    "text_counter": 258,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "I want to read this recommendation which I am very uncomfortable with. Part (iii) says:- “For disregarding the Treasury’s written advisory on the management of public funds, the Chief Justice must take personal responsibility for all payment irregularly made on his instructions”. When you are making a recommendation for personal responsibility on payment, you mention those payments. That is not here. In fact, the impression it gives is that the Chief Justice made instructions for payment. I sat in almost all meetings of interrogating this matter. There is not even a single case where the Chief Justice instructed for payments to be made. Not any that I am aware of. What happened is that a sub-committee, the finance committee, was formed. It looked at payments that were above a certain amount. This came about because of the problems-- - Actually, that never used to happen previously. I wish all Members of Parliament would have witnessed the witnesses who came before us. What happened is that the JSC had initially left the entire management of the Judiciary fund to the Chief Registrar of the Judiciary. By the way, when the Chief Registrar of the Judiciary appeared before us, initially, she was bragging and saying that she was only answerable to Parliament, the National Treasury and the Public Procurement Oversight Authority (PPOA). She said that at no time would she allow anyone to instruct her to pay. That is one of the problems she had with the Judiciary. So what happened to the JSC is that when they realised there was public outcry and that there was mismanagement of resources, they formed a sub-committee which looked at payments beyond, I think, Kshs50 million. By asking the Chief Justice to take responsibility for payments irregularly made on his instructions, I want to say that there is no evidence that he instructed the Chief Registrar of the Judiciary to make any payment. For that reason, those who will read this recommendation in future may think that the Chief Justice,Willy Mutunga sat somewhere and issued instructions to the Chief Registrar of Judiciary to pay Kshs1million or Kshs10 million. There is no evidence to that effect and, therefore, I urge this House that this recommendation is misplaced in this Report."
}