Auditor faults delay in construction of courts
Office of Auditor General has raised concerns over delayed completion of 39 courts spread across the country.
Auditor-General Nancy Gathungu, in her report on the Judiciary, says tenders for construction of some of the courts were awarded in 2013 but had taken long to complete therefore, attracting interests on the contract sum.
A review of the position of the projects as at June 30, 2020, indicated that Sh822 million was awarded to contractors out of which Sh198.8 million was paid in the 2019/20 financial year.
“The Judiciary also paid Sh774 million to various contractors as claims on projects awarded but were yet to commence due to unavailability of land for construction, unpaid certificates and interest on delayed payments,” wrote Gathungu.
She adds: “Consequently, the value of money on the payments and outstanding obligations could not be confirmed.”
The Auditor also took issue with Judiciary for failing to explain why deposits payable from the courts of Sh6.5 billion differed with the cash deposits of Sh6.2 billion and how the resultant difference would be serviced.
“In the circumstances, the accuracy of the general deposits, stations balance of Sh6.2 billion could not be confirmed,” the report.
Gathungu says audit review revealed that four projects for Wajir, Olkalau, Mukurweini and Kibera courts had been stopped due to poor performance and workmanship.
According to the Auditor, the total contracted cost for the projects was Sh696 million out of which Sh322.2 million was works certified as at the time of stoppage.
However, the performance bonds totalling Sh69.6 million were not seized, which is in violation of Public Procurement and Asset Disposal Act, which provides that the performance security shall unconditionally be fully seized by the procurement entity as compensation without prejudice to other penalties provided for by the Act.
Equally worried
On the stalled construction of Turkana High Court, the Auditor says the Judiciary awarded a contractor for the project, which commenced in September, 2013 and was to end in April 2015.
However, it stalled in July 2014 with total works certified standing at Sh14 million, out of which a total of Sh102 million had been paid.
“The certificates of works and inspection and acceptance reports were not available for audit review,” notes the Auditor.
The National Assembly Public Accounts Committee has since raised concern that the taxpayer may not get value for money for the projects.
As at June 2017, the Judiciary had on its roll 55 projects valued at Sh6,661,092,518.90 across the country with the World Bank having funded 28 of them.
MPs were concerned that Judiciary was prioritising funding for very small court projects at the expense of those that can benefit more Kenyans.
They singled out five key projects at the Nakuru Law Courts, Eldama Ravine and Siaya for which Sh605 million had been sunk only for them to stall.
In the construction of Nakuru Law Courts, physical verification of the facilities indicate the work done as at mid 2018 was 65 per cent while the contractor had already been paid Sh274,402,054, representing 79 per cent of the total cost.
