Ahmednasir has his hands on the throat of the CJ – what a pity

Now I understand why the CJ was acting like a nursery school kid infront of Ahmednasir when” democracy was on trial” at the SCOK.

I understand that the CJ should not spend our money like it was his but the tone of Abdinassir is that or complete arrogance and subordination. Is there are better way of addressing the CJs trips than to call them nonsensical?

And when it comes to benchmarking, who should decide on how and where it is to be done? Is it Abdinassir or the CJ? Look at the way he dismisses the US and Canada trips and even goes on to tell the CJ that he controls the cash. The CJ has to therefore “obey” him at all times.

And look at how Mutunga replies to the put downs “I am asking for a discussion on these benchmarking tours. We have not actually sat down and rationalised them. I now add my voice to that of the Grand Mullah (and sometimes the AG) that we think through proper criteria for justifying them.”

 

Have a look and be the judge.

————————————————–

THE Judicial Service Commission (JSC) Ahmednasir Abdullahi has accused the Chief Justice Willy Mutunga of wasting taxpayers’ money on “nonsensical” foreign trips. In an email obtained by the Star Ahmednasir accuses the CJ of “spending public money like you will do with your private money”.

And as prove of where the power in the Judiciary lies, Ahmednasir tells the CJ that as the chairman of the finance and administration sub-committee of the JSC he has the final say on finance issues at the judiciary.

The emails leave no doubt on where the power in the judiciary lies and casts Mutunga as a hapless leader of judiciary who is just a victim of powerful forces.

According to the emails, Mutunga had written to members of the JSC informing them of planned “benchmarking tour of the US and Canada” in late September and early October 2013.

However, in what amounts to a caustic reply to the CJ, Ahmednasir dismisses the planned trip, questioning its rationale and describing it is “total nonsense” and “waste of taxpayers’ money”.

The July 17, 2013 email is copied to all members of the JSC. “Also fundamentally have (sic) not approved these two visits (and don’t ask me whether I have these residual powers as the chair of the finance committee to cancel wasteful trips…I have!!! Arusha and Bosnia are the only trips on the cards,” Ahmednasir wrote to the CJ.

He goes on: “According to my books you spend public money like you will spend private money. Thus America and Canada are out. We have done enough benchmarking after all…benchmarking is not an endless trip to visit as many countries as we wish.”

The revelation are particularly damaging coming just days after the parliamentary Committee on the Budget was last week told that JSC commissioners have earned Sh128 million in sitting allowances over the last three years.

Gladys Shollei, who until her sacking last Friday was the Chief Registrar of the Judiciary, told the committee that JSC had scheduled so many meetings ostensibly to make money.

Shollei had told the Committee that Finance and Administration sub-committee of the JSC has perpetuated profligacy by approving monies from the Judiciary Fund even though it had no powers to do so.

In his reply Mutunga seeks to agree with Ahmednasir position, who he refers to as the “Grand Mullah”. “I am asking for a discussion on these benchmarking tours. We have not actually sat down and rationalised them. I now add my voice to that of the Grand Mullah (and sometimes the AG) that we think through proper criteria for justifying them.”

The revelations emerged even as the Justice and Legal Affairs committee of the national assembly meets this morning to consider a petition that seeks to disband the JSC.

Nicholas Riungu Mugambi who has filed the petition wants six members of the JSC removed from office for having contravened and violated the constitution.

A source at the committee, chaired by Ainabkoi Samuel Chepkonga, told the Star yesterday that the committee has invited Riungu to hear him, even though the “petition in itself is well crafted”.

Riungu wants commissioners Ahmednasir Abdullahi, Emily Ominde, Samuel Kobia, Christine Mango, Mohammed Warsame and Florence Mwangangi sacked for gross misconduct, incompetence.

Riungu states in the petition that the six have gotten actively involved in the financial and procurement day to day operations of the Judiciary, exercising veto powers regarding expenditure and abrogating themselves extensive oversight powers over fiscal management of the judiciary under the guise of being members of the finance committee.

The constitution designates the CRJ as the accounting officer of the judiciary and Riungu argues that by purporting to approve and disapprove expenditure of monies allocated to the judiciary has caused inordinate delay in the processing of salaries of judicial staff.

Article 173(1) (3) of the constitution designates the CRJ as the administrator of the judiciary fund and Riungu argues that the six “increased the vulnerability” of the judiciary when without authority approved expenditure.

The petitioner also wants the six commissioners removed from office on the ground that they “obstructed” justice by issuing directives to the Inspector general of police David Kimaiyo asking not to arrest some judiciary staff who were alleged to have stolen Sh80 million from the judiciary.

Four junior Judiciary members of staff, Ruth Wanjiku, Joab Ooko, Boru Mole and Benjamin Mutuku were later arrested and charged with conspiring to steal Sh80,013,302 from their employer on September 14.

– See more at: http://www.the-star.co.ke/news/article-140510/ahmednasir-accuses-cj-wasting-public-money#sthash.AIAaro47.dpuf

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By Mzee Posted in kenya

4 comments on “Ahmednasir has his hands on the throat of the CJ – what a pity

  1. the CJ has proven to be a total wimp and relegated SCOK to a moribund entity. these guys were given an opportunity to stamp their authority and bring back integrity in the justice system at the highest possible level. instead they played into the hands of power brokers and since then its been downhill/free fall all the way

    the CRJ saga shows how casual these folks are and vindictive where allegations are flung about and no real process being adhered to. they can give mass murder suspects the “benefit of doubt” to rule the country which includes their victims, but cannot grant the former CRJ a decent hearing irrespective of whether she was guilty of the allegations or not. we see no record of what investigations turned up or not etc.

    having shown themselves to be weak and so easily malleable, the next logical step is this disrespect for the highest judicial officer in the land by ahmednassir (who incidentally is way too big for his breeches IMHO). only the CJ can blame himself for getting into this mess. I cannot imagine ahmednassir trying this on past CJs without repercussion.

    the CJ is going to go out the same door that PLO Lumumba went out at the defunct KACC i.e so much potential, zero output and finally good riddance


    • Tnk,

      I can’t agree more.

      The topmost reasons given by progressive Kenyans back in 2011 when clamoring for Mutunga to head a reformed Judiciary were the ASSUMPTIONS that the latter was: INDEPENDENT-MINDED, courageous, and an outsider of the previously rotten judicial system.

      The presidential election petition (judgement) proved Mutunga is neither courageous nor independent-minded. His previous JSC interviewer –-Ahmednassir continues to wield undue psychological powers over the CJ, long after the latter assumed office. This trend has taken a life of its own. We can now publicly see evidence of Mutunga’s scampering to the whims of one Ahmednassir –a well known crooked broker of the old system, albeit a loud-mouthed one.

      Ahmednassir has single-handedly exposed Mutunga’s soft-underbelly.

      Through Ahmednassir’s strategically-exploited vantage as chair of JSC’s finance committee, the latter was quick to successfully induct Mutunga into the ostentation and opulence possible under the latter’s position [ a breath-taking mansion, unfettered foreign trips, etc ].

      Ahmednassir is now flexing his muscles to deny Mutunga of the luxurious habits he got the latter addicted to. Mutunga’s nostalgic trips to his former home in exile –Canada are now being rubbished quite rudely by the “Grand Mullah” whose next hit-assignment without question — is public humiliation and ultimately removal of the Chief Justice. Many progressives and members of the public won’t raise an eyebrow or voice when it ultimately happens.

      The crooked and corrupt Ahmednassir tried these same shenanigans with Glady’s Shollei — who is also crooked in her own right. Every Tom, Dick and Harry can conclude from this saga that Ahmednassir’s beef with Shollei was simply because the former failed to hijack and remote-control the latter regarding the lucrative enterprise of procurement corruption. This is what has now exposed the true rot existing under Mutunga’s watch.

      Billions more than the modest figures floated in media could have actually been lost. The JSC earnings through allowances may just be a tip of the iceberg. It is clear Mutunga has never had control of this Judiciary — not at any time. His timidity and failure to exert independence continues to reverse not only the few steps in reforming the judiciary, but also Kenya’s democratization. It is happening right before our eyes.

      • Interestingly, I see it a different way. I also think Kenyans might want to be careful about a plan to destabilize the CJ.

        Suppose you start by looking at Mutunga’s reply, with phrases such “adding my voice” and noting that the AG too has made comments like that. That makes me think that the original letter was probably addressed to the entire JSC (not just copied) rather than specifically to Mutunga. However, this does not excuse the rude tone.

    • I can’t say I am very well informed about the details of the Kenyan judiciary and the power structures therein. However, the more that emerges form this saga the more I think Ahmednasir wields a lot of power in that structure, by virtues of his being on the JSC, which means working closely with several judges. In particular, he appears great control on the finance. That raises the question of whether he should have been allowed to represent any party in the election petitions.

      I have no knowledge of the Kenyan legal system. However, I asked a colleague who is a lawyer how an arrangement like that would work here, where I live. He thinks it would be very unlikely here and that even in another place at the very least his appearance should have been challenged by the other side if any of his JSC colleagues were hearing the case.

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