Commissioner General of Prisons Brigadier (Rtd) John Kibaso Warioba before the Justice and Legal Affairs Committee to deliberate on the management and Administration of the Kenya Prison Enterprise Fund at Parliament Buildings, Nairobi on Tuesday, June 6, 2023.
Kenyans paid Sh3 million rent for a former prisons boss despite being entitled to a house allowance, the Auditor-General has revealed.
Ms Nancy Gathungu stated in her report, which is before Parliament, that taxpayers paid rent for immediate former Commissioner-General of Prisons Brigadier (Rtd) John Warioba.
The financial audit report on the State Department for Correctional Services for the 2023/24 financial year states that the provision of a leased house accorded Mr Warioba a higher benefit than his entitlement.
This contravenes a directive by the Salaries and Remuneration Commission (SRC), which is constitutionally mandated to advise the government on State officers’ pay and benefits.
Article 230 (4) (b) of the Constitution mandates the SRC to advise the national and county governments on the remuneration and benefits of all public officers.
The audit shows that a tenancy agreement was signed with a private service provider to lease a house for Mr Warioba at Sh250,000 per month. In total, the State Department paid Sh3 million in rent during the year under review, even though the officer was entitled to a housing allowance of Sh100,000 monthly.
Auditor-General Nancy Gathungu.
“The Commissioner-General’s letter of appointment did not indicate that his terms of employment included provision of a leased residential house and therefore, the basis for the leasing of the house was not clear,” the report states.
Mr Patrick Aranduh was appointed by President William Ruto on July 12, 2024 to succeed Mr Warioba as Commissioner-General of Prisons. Mr Warioba was appointed by former President Uhuru Kenyatta on November 17, 2021, after the dismissal of Mr Wycliffe Ogalo.
During the handover in July 2024, Mr Warioba said, “I retire with my head high and proud to have served the Prisons Department.”
Commissioner General of Prisons Brigadier (Rtd) John Kibaso Warioba before the Justice and Legal Affairs Committee to deliberate on the management and Administration of the Kenya Prison Enterprise Fund at Parliament Buildings, Nairobi on Tuesday, June 6, 2023.
The Auditor-General further states in her report that no evidence of the lease had been registered with the State Department for Housing and Urban Development as required by law.
Officers in shanties
Separately, the Auditor-General has stated that there is a stark contrast in the housing of prison officers.
Ms Gathungu’s report shows senior officers are allocated houses meant for junior cadre officers, who are forced to live in temporary shanties.
The audit reveals that newly recruited officers are sometimes accommodated in open halls and stores partitioned with cardboard, newspapers, bed sheets, or polythene. Most of these houses lack basic amenities such as water and sanitation.
“The officers who reported that their houses were in bad condition also reported that their family life was affected. They are embarrassed to host visitors and lack privacy, among other challenges,” the audit says.
The performance review shows that the majority of staff houses are dilapidated, with broken windows and doors, damaged walls, run-down amenities, and leaking roofs.
This is despite Article 43 (1) (b) of the Constitution, which guarantees every Kenyan the right to decent housing. The audit notes the management agreed that a decent house for junior officers would be a self-contained single room.
For junior officers with families, it should be a self-contained one-bedroom unit with the same amenities, while senior officers should at least have a two-bedroom self-contained unit.
