The Judiciary on Wednesday declared that Chief Justice Willy Mutunga has no official residence and that attempts to acquire one were halted after integrity challenges emerged.
In a statement to newsrooms, the Judiciary stated that the purchase of the house was not completed.
“The title has never been transferred to the Judiciary and the entire process of its alleged acquisition is under investigation,” read the statement in part.
The Judiciary went on to state that the Judicial Service Commission paved the way for the investigations.
“The JSC has waived its advocate-client confidentiality rights to enable investigators to establish the truth as quickly as possible.”
In a quick rejoinder, however, former Chief Registrar Gladys Boss Shollei maintained that the residence in the high-end Runda suburb belongs to the Judiciary, adding that the Chief Justice's security guards reside there.
“The Judiciary does own and has taken possession of the CJ residence. It duly executed the sale agreement and paid out all monies as per the transaction contract,” stated Mrs Shollei in her response posted on Twitter.
She added that the Judiciary has in possession a duly signed discharge of charge and that all approvals and documentation were executed as per the law.
“During my tenure, the transfer documents, duly executed by the Transferor in Triplicate were forwarded to the judiciary lawyers for registration. CJ Mutunga, CRJ Amadi and JSC recalled the instructions for registration from the lands office,” she stated.
The process to acquire an official residence for the Chief Justice started in 2011, when a Sh300 million property was identified in Runda.
The then Chief of Register Gladys Boss Shollei wrote an opinion piece in the Daily Nation in October 2012 explaining why it was necessary for the Chief Justice to acquire an official residence.
The office of the Chief Register that is charged with the responsibility of accounting for the Judiciary was blamed.
In an audit report of the Judiciary from the Office of the Auditor-General carried out between December 2013 and March 2014, various expenditures were questioned.
Among the suspect transactions was the leasing of Elgon Place, a building in Upper Hill, Nairobi, designated for the Court of Appeal on which Sh70 million was spent but which was never occupied after claims that it exposed occupants to radiation.
The Public Accounts Committee of the National Assembly summoned the Chief Justice and the former Chief Register to appear before the committee and explain the transactions.
After a probe, the committee compiled a report accusing Dr Mutunga and Mrs Shollei of presiding over suspect deals at the Judiciary worth at least Sh645 million.
