EACC to probe two judges and magistrate

President of Supreme Court Chief Justice Dr. Willy Mutunga (C) with Judges Smokin Wanjala (L) Court of Appeal judge Erastus Githinji and other senior Judiciary officials outside the new ultramodern Malindi law courts during the official inauguration of court of Appeal. Photo/Alphonce Gari
President of Supreme Court Chief Justice Dr. Willy Mutunga (C) with Judges Smokin Wanjala (L) Court of Appeal judge Erastus Githinji and other senior Judiciary officials outside the new ultramodern Malindi law courts during the official inauguration of court of Appeal. Photo/Alphonce Gari

The National Assembly now wants the EACC to investigate Supreme Court Judge Smokin Wanjala, Court of Appeal Judge Mohamed Warsame and Chief Magistrate Emily Ominde for drawing illegal and irregular allowances.

In a move that will escalate the bad blood between Parliament and the Judiciary, these three members of the Judicial Service Commission have been accused of pocketing millions, together with another three individuals, when they served as members of the JSC’s Finance committee.

The money was for meetings they never attended or that were irregularly convened.

The MPs resolved Wanjala, Warsame and Ominde vacate office immediately, pending the conclusion and outcome of the investigations.

This follows the adoption of the National Assembly’s Public Accounts Committee report on February 12, 2016, but with a series of amendments that called for those implicated to take personal responsibility.

The report unearthed massive irregularities and misappropriation of millions of shillings in public funds by the Judiciary.

Yesterday, a source at Parliament who cannot be named told the Star the National Assembly wrote to the Ethics and Anti-Corruption Commission last week, informing it of the House’s resolution in adopting the committee’s report.

The PAC is chaired by Rarieda MP Nicholas Gumbo.

“Though there are no limits as to when we should do it, we usually do it within seven days of the adoption of the House resolution,” the source said.

The report is also critical of Chief Justice Willy Mutunga’s leadership style, describing him as a good example of a “headless head of the Judiciary”.

It also wants former Judiciary Chief Registrar Gladys Shollei investigated for her role in the misappropriation of Sh2.2 billion during her tenure.

The MPs resolved security consultant Werunga Simiyu be surcharged for any money paid above what he ought to have been paid for security upgrade systems installations at the CJ’s official residence and the Supreme Court.

Other former members of the JSC who are also expected to have a date with the EACC include senior counsel Ahmednasir Abdullahi, the Rev Samuel Kobia and Christine Mango.

Soipan Tuya, the chairperson of the Committee on Implementation, that oversights implementation of House resolutions, said that the committee will follow up on the matter.

“If at the expiry of the required period the commission will not have acted on the matter, we will be forced to summon them to come and explain why,” Tuya who is the Narok County Woman MP said.

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