- Mwilu said that if they cannot talk to the parliament, then they cannot talk to the national treasury and do so within the confines of the law.
- She spoke during the official opening of the 39th annual conference of the Institute of Certified Public Accountants in Mombasa.
Image: John Chesoli
Deputy Chief Justice Philomena Mwilu has defended the recent judiciary friendship with President William Ruto’s administration saying it is for the good of the nation.
Mwilu said the judiciary’s relationship with Ruto’s administration might be construed to mean “going to bed with Ruto”, but that is not the case.
She said the three arms of government are independent but must work interdependently.
“The legislature will make laws, the judiciary will interpret the laws and the executive will enforce. The legislature will set budgets and so the judiciary depends on the legislature,” she said.
Mwilu said that if they cannot talk to the parliament, then they cannot talk to the national treasury and do so within the confines of the law.
“So if “going to bed with Ruto” administration means that we will talk to each other, then it must be done because it is what the constitution says,” she said.
“That is what has been done because it must be done.”
She spoke during the official opening of the 39th annual conference of the Institute of Certified Public Accountants in Mombasa.
Mwilu said that role of accountants in the management and operation of institutions is to ensure that financial resources are expended in conformity with the provisions of the Public Finance Management Act, related legislation and accounting best practices.
She said accountants contribute to the efficient allocation, utilisation, and management of resources in justice sector institutions.
They also ensure prudent use of the limited financial resources, manage the revenue collected by the institutions, and manage the funds retained in trust for clients such as arrested and accused persons and court users.
“It is clear therefore that financial probity in justice sector institutions is an essential requirement for an efficient system of governance. Public funds are given and utilised by these institutions in trust,” she said.
She said that trust is particularly critical for justice system actors as it builds public confidence in the institutions
Mwilu said financial probity guards against corruption and abuse of the justice system by the full raft of actors including judges, judicial officers, judiciary staff, prosecutors, police officers, and probation officers.
She said the Judiciary is currently implementing Social Transformation through Access to Justice, a strategic vision which was launched by the Chief Justice in September 2021.
“The key outcome of the STAJ vision is strengthening financial mechanisms that support the independence and Integrity of the Judiciary,” Mwilu said.
“The interventions under this strategic theme include operationalising the Judiciary Fund and Enterprise Resource Planning system to manage and improve how resources and funds allocated to the Judiciary are utilised.”
She said that accountants are key to the achievement of the central pillar in the Judiciary’s social transformation agenda because they can do the right thing.
“Whether it is the misuse or misappropriation of funds and resources, accountants in justice sector institutions can stop systemic waste and corruption, ensure accountability for such incidents, and put in place systems to prevent their recurrence, thereby stopping them from happening again. Do not ignore or cover up impropriety,” she said.
Mwilu called upon accountants not to cover up complaints and audit concerns for bribes or other improper inducements and in case they find something is not or has not been done right, they must say it and do something about it to get it corrected.
“It is the duty of accountants to follow up and find out if the matter has been corrected, the loophole addressed and the matter duly reported for corrective remedial action. They must whistle blow, write statements, report to relevant bodies such as the EACC,” she said.
She said that corruption, financial crimes, money laundering, and transnational organized crimes are complex crimes that often require significant expertise to correctly detect fraud, apportion culpability and trace proceeds and beneficiaries.
“As gatekeepers to the financial system, professional accountants are the first line of defence to prevent the misuse and misappropriation of public funds and the movement, transfer or transaction in these illicit funds,” she said.
She called upon ICPAK to ensure that its membership is aware of the important accountability role it plays in all sectors including the justice sector and is strictly compliant with all facets of the statutory and policy ethics provisions and duties governing the profession.
“So, therefore, appreciating our professional importance in our roles in facilitating justice systems, we must together resolve to do the right thing even if the skies must fall. Detect and stop financial malpractices in all spheres and more particularly in the justice systems and refuse to be compromised, do the right thing,” she said.
She asked them to resist intimidation and coded or even direct threats to be punished if they do not play ball, or threats to lose jobs by consolidating and resolving to do the right thing, to protect and fight for those who get themselves in trouble for doing the right thing.
“The importance of public confidence in the justice system cannot be gainsaid. One cannot experience challenges and impropriety in the processing of refunds for cash bail or the processing of payments for services rendered in our justice institutions, and then deem the justice products that emerge therefrom to be fair, objective and impartial. The one impacts the other,” she said.
Mwilu said that accountants should not cover up impropriety but rather call out corrupt incidences in organisations.
“As gatekeepers to the financial system, professional accountants are the first line of defence to prevent the misuse and misappropriation of public funds, the movement, transfer or transaction in this illicit funds,” she said.