Eng. Nicholas Gumbo

All parliamentary appearances

Entries 771 to 780 of 3504.

• 11 Feb 2016 in National Assembly: THAT, this House adopts the Report of the Public Accounts Committee on the Special Audit Report of the Judicial Service Commission (JSC), and the Judiciary of May, 2014, laid on the Table of the House on Tuesday, 7th July 2015. view
• 11 Feb 2016 in National Assembly: Hon. Speaker, the PAC Report consists of eight parts. Part I comprises background information and the Auditor-General’s findings. Part II consists of the Executive Summary, while Part III focuses on issues for determination. Part IV summarizes witnesses’ and Committee sittings, while Part V is on evidence from witnesses. Part VI covers the Committee’s findings and observations, while Part VII is on culpability. Part VIII is on the Committees’ recommendations. The PAC derives its mandate from Standing Order No. 205(2) of the National Assembly, which provides that it shall be responsible for the examination of the accounts showing the appropriation of ... view
• 11 Feb 2016 in National Assembly: Hon. Speaker, in our guiding principles in execution of our duties, the Committee is guided by core constitutional and statutory principles on public finance management as well as established parliamentary customs, traditions, practices and usages. Those principals include the following:- Constitutional principles on Public Finance; Article 201 enacts the fundamental principles that shall guide all aspects of public finance in the Republic. The principles are:- (a) “there shall be openness and accountability, including public participation in financial matters; (b) the public finance system shall promote an equitable society and in particular – (i) the burden of taxation shall be shared ... view
• 11 Feb 2016 in National Assembly: “If a Cabinet Secretary reasonably believes that an accounting officer is engaging in or has engaged in improper conduct within the meaning of subsection (4), the Cabinet Secretary shall:- (a) take such measures as may be provided in regulations; or (b) refer the matter to the relevant office or body in terms of the statutory and other conditions of appointment or employment applicable to that accounting officer.” This section empowers the appointing authority to discipline errant accounting officers which could include revoking their appointment. This provision has sealed a long standing loophole that has previously seen accounting officers continuously commit ... view
• 11 Feb 2016 in National Assembly: 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 ... view
• 11 Feb 2016 in National Assembly: The Committee found that the Judicial Service Commission (JSC) failed to perform a task vested upon it under Article 172 of the Constitution, as spelt out in the JSC Act. The Committee further faults the Chief Justice (CJ) for not providing firm leadership to the Judiciary, giving a carte blanche to the then Chief Registrar of the Judiciary and the JSC in general. It is also of the concern to the committee that the CJ, who is in general the custodian of law, declined summons to appear and give evidence before the Committee, thereby violating the provisions of the Constitution ... view
• 11 Feb 2016 in National Assembly: 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 ... view
• 11 Feb 2016 in National Assembly: 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 ... view
• 11 Feb 2016 in National Assembly: each of the two clerks of the Houses of Parliament for each to be placed before their respective Houses for debate and adoption. (c) exercise general direction and control of the Judiciary.” Furthermore, the Committee notes the functions and powers of the Chief Registrar as spelt out in the Constitution and Judicial Service Act are as follows:- In addition to the functions conferred by Article 161(2)(c) of the Constitution which assigns the Chief Registrar the role of being the Chief Administrator and Accounting Officer of the Judiciary, Section 8 of the Judicial Service Act states that the Chief Registrar shall ... view
• 11 Feb 2016 in National Assembly: (c) appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and staff of the Judiciary in the manner prescribed by an Act of Parliament; (d) Prepare and implement programmes for the continuing education and training of judges and judicial officers. (e) Advise the national Government on improving the efficiency of administration of justice. (2) In the performance of its functions, the Commission shall be guided by the following─ (a) competitiveness and transparent processes of appointment of judicial officers and other staff of the Judiciary. (b) the promotion of gender equality. In addition, ... view