Judiciary summons JKUAT over suspect court contracts

The Judiciary is headed for crunch talks with Jomo Kenyatta University of Agriculture and Technology administrators over plans to cancel a multi-million shilling consultancy that is at the centre of audit queries.

Chief Registrar Anne Amadi says the university’s commercial wing, JKUAT Enterprises Ltd, has been summoned by the Judiciary Service Commission to explain non-performance and advance payments in breach of public financial regulations.

The JKUAT Enterprise entered into a consultancy deal with the Judiciary during the tenure of former chief registrar Gladys Shollei for projects like architectural drawings, project supervision and providing bills of quantities.

Auditor-General Edward Ouko in a special audit of Judiciary operations has called for investigations of JKUAT Enterprise and cancellation of the contract over irregular payments.

“JKUAT is scheduled to appear before JSC to explain advance payments and non-performance particularly on prefabricated courts,” Ms Amadi told the Public Accounts Committee (PAC) last week.

“We would have cancelled this contract a while ago, but we have to follow due process and give them a fair hearing.”

JKUAT Enterprises was to earn a 10 per cent commission for projects handled on behalf of the Judiciary.

The list of projects included a proposal to build prefabricated court houses in Othaya, Marimanti, Wang’uru, Tawa, Garsen, Bomet and Mavoko at Sh955 million.

The prefabricated court houses were revised downwards to Sh626.5 million, but JKUAT was paid a 10 per cent commission of Sh95 million based on the earlier project cost.

This led to an overpayment of Sh32.4 million and Mr Ouko has directed the Judiciary to recover the amount from the university.

READ: Mutunga asked to resign over Judiciary deals worth Sh645m

The university’s commercial wing was paid in advance, which is in breach of regulations that demand that payments must be done after delivery of goods and services.

The auditor-general discovered a pact signed between JKUAT and private firm, Align Architects, to handle the Judiciary’s contracts on its behalf and cede five per cent of the consultancy fee to the varsity.

“JKUAT is assisting private firms to avoid competition and rigorous tendering process,” said Mr Ouko.

The JKUAT was involved in the purchase of the unoccupied Sh310 million home for the Chief Justice and Elgon Place, which was leased for the Court of Appeal in a six-year deal worth Sh420.6 million, but also remains vacant.