Sh310m house for CJ was bought without valuation report, PAC told

Former Deputy Chief Registrar of the Judiciary Kakai Kissinger told a House committee that the Sh310 million house for the Chief Justice was purchased before the final valuation report was submitted.

Mr Kissinger admitted that the tender committee, which he chaired, approved the purchase of the residence for Chief Justice Willy Mutunga based on an unsigned initial opinion received from the Jomo Kenyatta University of Agriculture and Technology.

The university had been contracted as valuers for the residence.

Kissinger said although his committee had received a letter from the valuers seeking various clarifications on the purchase of the property, his committee went ahead to approve the purchase without waiting for the final valuation report.

“I wrote back to ask for the valuation report, but I’m not sure if one ever came,” he told the Public Accounts Committee (PAC).

The House was bought from Machakos Senator Johnstone Muthama at a cost of Sh310 million.

Kissinger was also asked to explain the circumstances under which his committee committed over Sh46 million to buy land at Mavoko without a title deed.

 He denied that he was acting under undue influence in the performance of his duties.“The money was committed after a visit by a high-powered delegation led by the Chief Justice,” Kissinger said.

He told members of PAC investigating allegations of financial impropriety by the Judicial Service Commission (JSC) that he was willing to take responsibility for mistakes committed during his tenure.

Kissinger defended himself over mistakes committed during his time at the JSC, arguing that they were as a result of weak financial and human resource policies at the commission.

He argued that the Judiciary lacked a manual to guide it in its operations.

Among other improprieties, PAC is investigating claims that some member of the Judiciary were given irregular allowances and advances salaries.

Kissinger said he never received any salary advances from the JSC.

“I never took any single advance from the institution,” he said.

Kissinger’s claims that the Judiciary was acting without proper internal controls prompted the chair of the committee Ababu Namwamba to claim that the commission was in a shambles.

“They were acting in a vacuum of policy. There are no policies or manuals. This is the classic rule of man, not rule of law,” Mr Namwamba said.