The Judicial Service Commission (JSC) has been thrown into confusion after Parliament adopted the Public Accounts Committee (PAC) report on the Special Audit of the commission and the Judiciary.
The report seeks to have six of JSC sitting and former commissioners investigated for their role in financial improprieties and irregularities at the commission.
Two amendments brought by National Assembly’s Justice and Legal Affairs Committee chairman Samuel Chepkonga and Kiharu MP Irungu Kang’ata to have former commissioners Smokin Wanjala, Mohammed Warsame, Emily Ominde as well as lawyer Ahmednasir Abdullahi, Samuel Kobia and Christine Mango personally investigated by the Ethics and Anti-Corruption Commission (EACC) were unanimously passed.
Wanjala also serves as a judge of the Supreme Court while Warsame sits in the Court of Appeal and Ominde is Kibera chief magistrate.
Another amendment proposed by Ugenya MP David Ochieng seeking to have JSC commissioners take personal responsibility for allowances paid to them for attending meetings convened without the knowledge and approval of the Chief Justice was highly challenged with members divided on whether Chief Justice Willy Mutunga should be surcharged for the monies lost.
According to Ochieng, an audit of all such meetings should be undertaken and the responsible commissioners surcharged. If the report is adopted with the amendments, the commissioners will have to vacate office pending investigations by the EACC.
Ochieng argued that the CJ did not allow the allowances to be given to the commissioners and hence he cannot be held responsible. But MPs led by Samuel Chepkonga said former Chief Registrar of the Judiciary, Gladys Sholei should not take responsibility but Mutunga whose responsibility includes approving meetings.
When the matter was put to vote, members passed to have the amendment removed meaning that Mutunga will not be surcharged for the money misappropriated.
An amendment by deputy Leader of the Majority and Taveta MP Naomi Shaaban seeking to have the former Registrar of Judiciary Lydia Achode investigated for her role in the irregular procurement of offices at Mayfair Court Centre was defeated.
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