Chief justice Peter Shivute is set to get full control over capital projects of the Office of the Judiciary once a bill to amend the Judiciary Act is enacted.
The judiciary amendment bill is seeking to amend the Judiciary Act, to define the word “construction” to provide for the chief justice, as the head of the judiciary, to be responsible for the capital projects of the Office of the Judiciary.
The bill provides for the chief justice to consult the minister responsible for justice for input regarding the construction of courthouses.
“For the purposes of this section, ‘construction’ includes any alteration of the structure of a courthouse done in such a way that the accessibility, functions or duties of the staff members of the ministry responsible for justice based at that courthouse, are affected or may be affected,” reads the bill.
The Ministry of Justice is still responsible for the administration, but the chief justice will be responsible for the capital projects of the Office of the Judiciary, and the justice minister and the chief justice must consult for input regarding the construction or renovation of courthouses and other buildings that are to be used or are being used by the office. During her tabling of the bill in the National Assembly last week, justice minister Yvonne Dausab explained that the move to amend the act was due to challenges the ministry has been facing in delivering on its mandates to construct court buildings across the country.
Currently, this responsibility rests with the ministry. The move is intended to give the Office of the Judiciary independence, aligning with the Constitution in terms of maintaining integrity and independent operations of the three legislative bodies, Dausab said.
“The Ministry of Justice and the Office of the Judiciary have faced challenges over the capital projects,” she said.
Meanwhile, the parliamentary standing committee on legal affairs’ chairperson, Kletus Karondo, has expressed concern about a report pertaining to capital projects that have been abandoned and taxpayers’ money that has been wasted.
Karondo urges government institutions to honour their budgetary allocations by ensuring capital projects see the light of day and do not turn into white elephants.
He emphasises that those entrusted with such powers have a duty to ensure that projects are carried out within a certain time frame, should not let it drag on and should make drastic decisions to change project contractors if they are not delivering.
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