Eng. Nicholas Gumbo

All parliamentary appearances

Entries 781 to 790 of 3504.

• 11 Feb 2016 in National Assembly: Article 161(2)(a) of the Constitution is explicit that the Chief Justice is the head of the Judiciary. The Committee was concerned that the Judiciary Transformation Framework (JTF) was not effectively implemented. The scandal of financial impropriety went on for almost a year before the JSC finally dismissed the former CRJ. Even after the Chief Justice admitted in his address on the state of the Judiciary, there is no evidence of any tangible steps he took to ensure The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the ... view
• 11 Feb 2016 in National Assembly: improved financial management and governance of the Judiciary in general. The statement may, therefore, have been full of lyrics but hollow in substance, intention and resolve. The Chief Justice appears to have lost control of the Judiciary. Several correspondences were tabled to show open defiance of his directives and at one time, he snapped at the former CRJ to the effect that he was not the “headless head” of the Judiciary. view
• 11 Feb 2016 in National Assembly: This Committee finds that the fact that the commissioners could hold so many meetings without the Chief Justice’s knowledge and approval demonstrates a Judiciary “without a head”. It is inexcusable that the Commission has routinely transacted personal business at the Kenyatta International Convention Center (KICC) disguised as official meetings only to end up lodging claims for payments for the same, without the Chief Justice’s knowledge. Despite that, it drew no sanctions at all from the head of the Judiciary. There is no doubt that Hon. (Dr.) Willy Munyoki Mutunga, the Chief Justice of the Republic of Kenya is one of ... view
• 11 Feb 2016 in National Assembly: The Chief Justice must also share responsibility for the losses incurred by the Judiciary through single sourcing of a security consultant contractor, who he personally introduced to the CRJ and was subsequently engaged and paid large sums of money without due process of procurement. view
• 11 Feb 2016 in National Assembly: On the Judicial Service Commission, the Committee finds that the Judicial Service Commission as a whole failed to deliver on its mandate, and is alive to the fact that the Chief Justice is its chair while the CRJ is the secretary. The JSC exceeded its powers by purporting to approve payment to various suppliers. In so doing, it went beyond its oversight mandate to delve into operation issues at the Judiciary. In its sitting of 28th August 2013, the JSC’s Finance and Administration Committee approved payment to 12 suppliers amounting to Kshs51,815,435. This is an operational activity that should have ... view
• 11 Feb 2016 in National Assembly: Commissioners went ahead to approve Kshs1.6 million in allowances to themselves. The irregular allowance payment was extended to non-Commissioners who attended JSC meetings, to the tune of Kshs9.8 million. The irregularly paid allowances should be recovered from the affected Commissioners. view
• 11 Feb 2016 in National Assembly: The Committee also finds that the JSC failed to provide leadership in providing broad guidelines for finance and human resource policies. The Commission should also have been in the forefront in implementing the Judiciary Transformation Framework by providing leadership. By delving into operational matters and in some instances usurping the powers of the CRJ and various departmental heads, the JSC is culpable of overstepping its mandate and failing to discharge its powers in the spirit of Article 172 of the Constitution. The many public altercations members of the JSC had with the CRJ brought the Judiciary into disrepute. By not ... view
• 11 Feb 2016 in National Assembly: procurement process that lacked foresight, prudence and due diligence. That represents wastage of Kshs24,358,193.50, of the total Kshs48,719,307 that was paid for the premises. Moreover, the agreement provided for a rent deposit of six months amounting to Kshs32,400,000, which was based on rent payable effective 1st July 2017. The Accounting Officer in this particular instance did not act in the interest of the Judiciary, thus causing a loss of Kshs6,482,056.50. The Committee also found that direct procurement was used in the purchase of second hand furniture. The Committee was not satisfied with the explanation for direct procurement. Mrs. Shollei was ... view
• 11 Feb 2016 in National Assembly: that of a parallel construction of a sub-county headquarters in the same neighbourhood. In the Bomet case, a parallel construction of a permanent court house was ongoing, leading to double expenditure. The Committee also notes that those projects were directly sourced in contravention of Sections 29(3) and 74 of the Public Procurement and Disposal Act, 2005. Several leases, including of the Rahimtulla Towers at Kshs67,082,169, Elgon Court at Kshs70,147,605, Agricultural Finance Corporation (AFC) offices at Kshs43,537,609 and Vomorono warehouses at Kshs3,379,776 were irregularly entered into. During the period under review, they had not been registered, a responsibility of the accounting ... view
• 11 Feb 2016 in National Assembly: procured a security consultant in the name of Simiyu Werunga. She further went ahead to approve payments to Mr. Werunga to the tune of Kshs29,934,975 without a valid contract. Moreover, the project was undertaken both without the services of an independent consultant and signing of a minuted contract as should have been the case for such projects. It was also strange that the consultant who provided the initial report became the implementer of his own recommendations and the final checker/verifier as to the cost and quality of the project. Most of the security equipment has since stopped working, leading to ... view