CJ Willy Mutunga appoints committee to recover Judiciary assets

NAIROBI, KENYA: Chief Justice Willy Mutunga has established a Committee to trace and seek the recovery of Judiciary land and other assets lost through illegal and irregular acquisition over the years.  

The seven-member Judiciary Committee of Inquiry on the Status and Recovery of Judiciary Land and Assets in Kenya is chaired by Justice John Mwera of the Court of Appeal. The members are Lady Justice Lydia Achode, Justice Nzioki wa Makau and Lady Justice Olga Sewe. Others are the Chief of Staff in the Office of the Chief Justice, Mr Duncan Okello, the Registrar of the Supreme Court, Ms Esther Nyaiyaki and Ms Caroline Kabucho of Subordinate Courts.  

Among the Committee’s tasks will be to inquire into the legal status of Judiciary’s assets including land, buildings, and other property. Its mandate includes inquiring into the unlawful allocation of Judiciary assets, establishing the beneficiaries and identifying those responsible for the illegal allocations.

In establishing the Committee, the Chief Justice said the full realisation of the Judiciary Transformation Framework (JTF), the institution’s five year strategy blueprint, was constrained by the loss of critical land and buildings to individuals.

Dr Mutunga said such plunder undermined the Judiciary’s mandate to Kenyans, under Article 6 (3) of the Constitution on devolution and access to court services throughout the country. The Article states: “A national State organ shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the service”. 

The Committee will also examine cases where the Judiciary has property interests capable of registration in the whole country. “This will ensure that all Judiciary property which was irregularly acquired is recovered or repossessed and put into proper and lawful use by the Judiciary,” the CJ stated. 

The Committee’s term of service will be eight months. It will submit a mid-term report on its progress and preliminary findings to the CJ after four months.