MPs demand action as Sh160 million in court fines 'vanishes'

The Judiciary in Kenya is facing intense scrutiny from Parliament over its failure to recover millions of shillings in stolen court fines.

The Public Accounts Committee (PAC), which is investigating the matter, has uncovered disturbing details of financial mismanagement, revealing that about Sh160 million in court fines were unaccounted for by June 2022.

Some of these cases have remained unresolved for years, raising concerns among lawmakers and the public.

The PAC, led by Butere MP Tindi Mwale, has called for urgent action to hold implicated banks and individuals accountable.

In a scathing report, the committee emphasized that the Judiciary’s failure to enforce proper financial controls and reconciliations contributed significantly to the loss of funds.

"The committee noted that the Judiciary was negligent in controls and reconciliations, resulting in avoidable loss of funds," the report states.

One of the most concerning cases involves Sh34 million that went missing from the Molo Law Courts.

Despite investigations being launched in January 2021, there have been no prosecutions or significant progress in the case.

The PAC has urged the Judiciary to follow up on the matter and ensure criminal prosecution of those responsible.

"The committee recommends that the accounting officers follow up on investigations to ensure criminal prosecution is taken against those responsible for the loss," it added.

Another major theft was uncovered at the Judiciary headquarters, where Sh48 million was stolen by staff members.

While the case was referred to investigative agencies, no action has been taken against the culprits, even after the employees were dismissed.

The stolen funds were linked to a fraudulent cybercrime payment recorded in the 2013-14 fiscal year.

Judiciary officials have also disputed the amount lost at Nakuru courts, with Sh52 million still unaccounted for, while Sh2.7 million and Sh1.5 million were also stolen from court stations in Embu and Malindi, respectively.

In addition to these thefts, the Judiciary has failed to surrender Sh866 million in unclaimed court deposits to the Unclaimed Financial Assets Authority, as required by law.

These funds have been sitting in court stations for more than a year, further raising concerns about the Judiciary’s financial oversight.

The report highlights a disturbing pattern of inaction by the Judiciary, especially in the case involving the fraudulent cybercrime payment from 2013-14, which resulted in the loss of Sh37 million.

While the bank implicated in the scam refunded Sh10.4 million in 2021, the Judiciary has yet to take civil recovery action against the responsible banks or individuals.

"The Attorney General is yet to initiate civil recovery proceedings against the responsible banks and persons," the Judiciary stated.

The PAC has called on the Judiciary to take immediate action to recover the stolen funds and hold those responsible accountable.

Lawmakers have also urged the Attorney General to expedite civil recovery proceedings.