Members of the Parliamentary Accounts Committee, inspect the house meant
for the Chief Justice last July. The house is under 24-hour guard by
Administration Police. PHOTO | EVANS HABIL
Chief Justice Willy Mutunga and sacked Chief Registrar Gladys
Shollei have rekindled the controversy over purchase of an official
house in a new social media war.
Dr Mutunga sparked
off the exchanges in a message posted on his Twitter handle on Tuesday
evening, declaring: “I have no official residence. Since my appointment I
live in a rented apartment. My house allowance is 100K and is taxed.”
The
message prompted a series of reactions from Mrs Shollei, who accused
the CJ of failing to reveal the whole truth about his accommodation. She
attached series of letters tracing the history of the quest for an
official residence for the CJ.
When challenged by a
Twitter user who pointed out that a request for accommodation did not
amount to getting one, Mrs Shollei responded by tweeting: “@WMutunga 4
months after coming to office on 20/5/11 was already begging/demanding
for a residence. If he requested why has he not moved in?”
Mrs
Shollei was sacked last year after the Judicial Service Commission
accused her of financial impropriety involving the purchase and leasing
of offices for the Judiciary, expansion of courts and payments of
salaries.
She challenged the accusation in and out of court but lost in the Court of Appeal.
The
Judiciary had claimed last year that it had bought a house for the CJ
in the upmarket Runda estate at a cost of Sh310 million. However, a
spokesman Wednesday said that the sale was never completed because the
title deed for the house owned by a company linked to Machakos Senator
Johnson Muthama was being held by a bank.
Although Mr
Muthama acknowledged that the title had been given to a bank as security
for an overdraft taken by his company JNM Holdings Ltd, he said the
document was released and handed over to the lawyers who were
representing the Judiciary in the transaction.
“It was
not a bank charge; it was part of the security with the bank. Before
they could pay the money, the house was discharged and the title deed
handed over to them. It was a clean title deed,” the Senator told the
Nation in a telephone interview.
INTEGRITY CHALLENGES
However,
a spokesman for the Judiciary, challenge the claim. In a statement to
newsrooms, he said: “The Judiciary would like it to be publicly known
that it does not own an official residence for the Chief Justice.
Attempts to acquire an official residence since 2011 have encountered
integrity challenges that are currently under active investigation by
the Ethics and Anti-Corruption Commission”.
When the house was being bought, the Judiciary was represented by Nairobi lawyer Donald Kipkorir.
The lawyer could not comment on the dispute. He said: “My client has all the material information relating to it.”
In
a telephone interview with the Nation, Mrs Shollei said it was
“factually wrong” to claim that the Judiciary does not own the house in
Runda.
“The lawyers for Muthama wrote to the Judiciary
explaining they had forwarded the title and another list of documents
they indicated in a letter I uploaded on Twitter. That was sufficient
transfer. The documents were sent to the lands office. And the lands
registrar received them,” she said.
“All I know is that during my tenure, everything was forwarded,” Mrs Shollei said.
She said the documents were recalled from the lands registrar after her sacking.
The
documents posted on Twitter include a letter in February from the
Judiciary to Mr Kipkorir advising that the transaction could not be
completed because of ongoing investigations.
Earlier
letters from the vendor’s lawyers, however, indicated that payment had
been made in full and all relevant documents handed over.
“If there was corruption, people should be arrested and taken to court,” Mrs Shollei said. “He (the CJ) should table the evidence”.
“If there was corruption, people should be arrested and taken to court,” Mrs Shollei said. “He (the CJ) should table the evidence”.
Among
those who commented on the spat on Twitter was former Gichugu MP Martha
Karua, who was also a presidential candidate in last year’s General
Election.
She said: “@WMutunga, what about that house in Runda we are told Judiciary purchased as official residence for CJ?”
In his reply, Dr Mutunga said: “@MarthaKarua. It’s the one under EACC investigation. I am sure they could give details.”
In his reply, Dr Mutunga said: “@MarthaKarua. It’s the one under EACC investigation. I am sure they could give details.”
Questions
over the purchase were first raised in an audit of expenses at the
Judiciary over the last three years that exposed malpractices in
procuring goods and services.
WINNING BIDDER
Although
the former Chief Registrar contested her sacking, the Court of Appeal
agreed with the decision taken by the Judicial Service Commission to
relieve her of her duties.
The purchase of the house was one of the questions that the JSC had raised against Mrs Shollei.
In
her written submissions replying to allegations of irregularity in the
transaction, Mrs Shollei said: “It is important to note that the winning
bidder had quoted Kshs425 million as the initial tender price while the
valuation report had valued the house at Kshs350 million. The Judiciary
negotiated the price downwards to Kshs310 million resulting in a saving
for the Judiciary”.
She attached a series of letters between government officials and lawyers involved in the transaction in her defence.
As the row rages over the house, the CJ continues to live in an apartment in Kilimani.
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