BY SAM ALFAN.
The Ethics and Anti-Corruption Commission (EACC) has recommended five areas that require improvement in the Judiciary to enhance integrity in the management of government funded projects.
The commission, on invitation of Chief Justice Martha Koome to audit Judiciary, recommended in its report key areas including administration of project and state of facilities, project initiations and procurement, implementation of projects, tracking project progress and payments and maintenance and closure.
On administration of project and state of facilities, the anti-graft body noted that the lack of customized judiciary manuals, guidelines, policies and standard operating procedures in projects management function, which is important in providing procedures and accountability framework.
The EACC found that initiation of construction of projects without proper ownership documents such as happened in Kajiado, Siaya and Kapsowar led to delays.
The report further found that there was lack of designated public galleries in some court such as Wang’uru court station and use of building that has been condemned by the county works offices at Kandara law courts
The commission recommended that the development and operationalisation of comprehensive policies, guidelines and procedure of manuals in project management and related functional areas, acquisition of property ownership documents prior to commencement of development on the parcel of land.
The EACC said the Judiciary should ensure that sufficient space for public galleries is provided in the court buildings and ensuring safety of the staff and court users by providing habitable court buildings and adequate office space.
On project initiation and procurement the anti-graft agency found that proposed and commencement of construction of court buildings larger than the station needs such as at Lodwar station which is uneconomical use of funds.
It added that failure to acquire requisite building approvals prior to commencement of constructions at Embu, Murang’a Court Stations among others and inappropriate court plans with unrestricted interaction between the accused and members of the public, unsecured walkway for the accused from the holding cells to the Courtrooms and with close proximity between the docks and the Judges dais, noted at Embu and Wang’uru Court Stations.
The report noted that there was failure to acquire requisite building approvals prior to commencement of constructions at Embu, Murang’a Court Stations among others.
Further, there were inappropriate court plans with unrestricted interaction between the accused and members of the public, unsecured walkway for the accused from the holding cells to the Courtrooms and with close proximity between the docks and the Judges dais, noted at Embu and Wang’uru Court Stations.
The report found that multiple projects were awarded to a single contractor and works at Wang’uru, Othaya and Marimanti were consolidated into one contract leading to delaying all of them.
The EACC recommended that the Judiciary must ensure that building sizes are commensurate with the projected court needs and ensuring that all requisite building approvals are obtained prior to commencement of constructions and development.
The anti-graft body also said the Judiciary should deploy resident qualified clerks of works at capital projects and a resident regional clerk to oversee several minor works.
The commission also found that low budget absorption rate at Bomet and Murang’a law courts that indicates possible, poor cash flow projection, poor project planning and implementation.
Further, delay in honoring payment certificates leading to accumulated interest, for instance at Machakos and Port Victoria projects and failure to monitor and evaluate projects regularly and lack of an integrated system for tracking progress made on construction Projects.
It was recommended that the judiciary should ensure that project budget absorption rate is optimal by streamlining project planning, implementation and cash flow projections, adhering to contractual obligations and to stipulated timelines in the service charter when processing payment certificates.
It further recommended that developing and implementing an effective monitoring and evaluation system and putting in place an integrated Project Management System that provides for real time progress tracking of projects from initiation to closure.
The EACC further urged the judiciary to develop and implement maintenance schedules and ensure adequate staff for both projects and maintenance works, ensuring timely final inspection and acceptance of works and ensuring that contract agreements.
