Chief Justice Dr Willy Mutunga is in the eye of a new storm for what is said to be failed leadership and watching over widespread financial and procurement malpractices at the Judiciary.
Investigations by the Parliamentary Accounts Committee (PAC), highlighted various instances that Dr Mutunga watched over malpractices at the helm of the Judiciary.
The procurement of the Chief Justice's house – which has since landed former Chief Registrar of the Judiciary Gladys Shollei in court – the Elgon Place radiation saga, and the contention between Ms Shollei and the Judicial Service Commission (JSC) are among the key incidents cited as faulting Mutunga's leadership.
According to PAC these controversial occurrences were an indicator that the CJ had lost control of officers under his leadership.
The committee claimed that officials supposed to be Dr Mutunga' subordinates showed open defiance and ignored his directives.
“The fact that the (JSC) commissioners could hold so many meetings without the Chief Justice’s knowledge and approval demonstrated a Judiciary ‘without a head’. It is inexcusable that claims to the effect that commissioners routinely transacted personal business at KICC disguised as official meetings (only to end up lodging claims for payment for the same) without the Chief Justice’s knowledge, drew no sanctions from the head of the Judiciary,” The Nation, quoted the report.
The committee also noted that various procurements at the Judiciary had been conducted in a manner that flouted the set regulions.
“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; purchase of second-hand goods; acquisition of a house for the Chief Justice; pre-fabricated court premises; (and) lease of office space,” the report noted.
Dr Mutunga was further accused flouting the National Treasury's guidelines through continuously approving payments as directed by the finance and administration committee.
This was backed using a reference to an incident where the CJ was found to be a beneficiary of irregular salary advances totaling Sh1.6 million from the Judiciary.
The lawmakers recommend that the Chief Justice should take responsibility for all payments made irregularly on his instructions and allowances paid to the commissioners of the JSC for attending meetings that were not convened with his knowledge and approval.
The committee cast doubt on Mutunga's nomination to head the Judiciary saying it was a mistake to pick a man with limited managerial experience to run a large and complex institution.
