Judiciary under fire as Parliament exposes Sh160 million in missing court fines
The PAC has recommended that the Judiciary press for criminal charges against those responsible for the theft.
The Judiciary is under fire for its failure to recover millions of shillings in missing court fines, as a new report from Parliament reveals serious lapses in financial management.
The Public Accounts Committee (PAC) has brought to light shocking evidence of negligence within the Judiciary, exposing over Sh160 million in stolen fines by June 2022.
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Some of these cases have been pending for more than a decade, drawing sharp criticism from lawmakers.
The PAC, which is investigating the issue, has pointed to a systemic breakdown in the Judiciary’s financial controls, which allowed these funds to be lost without detection.
“The committee noted that the Judiciary was negligent in controls and reconciliations, resulting in avoidable loss of funds,” the report declares.
The committee has urged Judiciary Registrar Winfrida Mokaya to take immediate action to recover the stolen funds and ensure accountability for those involved.
Among the most alarming cases is the disappearance of Sh34 million from the Molo Law Courts.
Despite being reported to investigative agencies in January 2021, no prosecutions have been launched, and the matter remains unresolved.
The PAC has recommended that the Judiciary press for criminal charges against those responsible for the theft.
“The committee recommends that the accounting officers follow up on investigations to ensure criminal prosecution is taken against those responsible for the loss,” it stated.
A separate case involves the theft of Sh48 million from the Judiciary headquarters, attributed to staff members.
The money, which was linked to a fraudulent cybercrime payment from the 2013-14 fiscal year, has not been recovered, and the dismissed employees have not faced any legal consequences.
While investigations were referred to the Director of Criminal Investigations and the Asset Recovery Agency, the matter remains unresolved.
The Judiciary has been accused of failing to hand over Sh866 million in unclaimed court deposits to the Unclaimed Financial Assets Authority, as required by law.
These deposits have been held for more than a year in various court stations, adding to the growing list of financial mismanagement issues within the Judiciary.
MPs have also expressed concerns over the lack of action in cases involving stolen court fines, particularly in relation to the fraudulent cybercrime payment case from 2013-14.
Despite the conviction of the suspects, Sh37 million remains unrecovered. The bank involved refunded only Sh10.4 million in February 2021, but the Judiciary has yet to initiate civil recovery proceedings against the responsible individuals or institutions.
“The Attorney General is yet to initiate civil recovery proceedings against the responsible banks and persons,” the Judiciary informed MPs.
The PAC has called for immediate civil recovery actions to be taken and for those responsible to be prosecuted.
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