At least 10 projects worth more than Sh1.7 billion undertaken by the Judiciary have run into headwinds due to lack of funds.
Chief Registrar of the Judiciary Winfridah Mokaya said the cash problem has led to delayed, stalled or slow pace of the projects.
She made the disclosure before the Senate’s Justice, Legal Affairs and Human Rights Committee. Mokaya had been invited to explain the status of courts construction projects across the country.
The projects mainly include the construction, renovation and equipping of courtrooms in the counties.
Projects hit by financial challenges include Eldoret, Kandara, Eldama Ravine, Kwale, Meru and Githongo law courts.
Mokaya said the Judiciary has suspended the construction of new courts and other projects in some areas due to lack of budget.
They are Kisii law courts, Lamu High Court, Lamu staff residence and Mpeketoni perimeter fence.
In addition, the Judiciary is unable to complete three projects that were initially funded by a donor.
The three are among the 28 projects worth Sh10.50 billion that were funded by the World Bank under the Judicial Performance Improvement Project.
The term of the funding arrangement for the projects ended on October 31, 2021, with the government expected to complete the works.
“As per the financial agreement, all outstanding liabilities and incomplete works would be funded by the government of Kenya. This is an ongoing process, and all the outstanding works have been planned to be completed,” Mokaya said.
The revelation lifts the lid on the cash crisis that has hit the Judiciary.
Often, the Judiciary has complained of a ‘meagre’ budget compared to the other arms of the government.
In the current financial year, the Judiciary was allocated Sh23.6 billion. A similar amount has been proposed in the next financial year.
At Eldoret law courts, construction of the premises for Sh560.83 million has run into cash challenges, with the project stagnating at 55 per cent completion due to "non-availability of the exchequer".
“Fifty-five per cent complete with concrete works. The main contractor is progressing with works on-site at a slow pace,” Mokaya said.
The construction of the Sh190.75 million Kandara law courts has also been affected by the "unavailability of exchequer".
The project is 40 per cent complete.
This is the case with Eldama Ravine courts. The Sh35.53 million project has stagnated at 98 per cent.
At Marimanti courts, the Sh52.61 million project has been affected by a lack of funds.
Construction of Kwale and Takaba courts for Sh57.80 million and Sh102.50 million have been affected by cash flow challenges.
The projects are at 90 and 15 per cent complete, respectively.
A Sh637.51 million project at the Meru law courts has also run into financing troubles.
In 2022, Chief Justice Martha Koome said the Judiciary had a budget deficit of Sh21 billion. At the time, the Judiciary had been allocated Sh18 billion.
“We have a budgetary allocation deficit of Sh21 billion. We have a structural capacity deficit. We have 34 courts that have not been completed,” Koome had said.
In her submission, Mokaya said the construction of Sh98.93 million Githongo law courts has run into cash problems.
Mokaya told the committee chaired by Bomet Senator Hillary Sigei some projects have structural integrity issues, rendering them inhabitable.
They include the proposed Marsabit and Sh427 million Homa Bay law courts.
In a bid to ensure the completion of the projects, Mokaya said the Judiciary has opened a robust engagement with Parliament on the funding for the Judiciary and the administration of justice.
She said the Judiciary has also moved to revive stalled projects by terminating the contracts and retendering.
“As a result, five have been completed in Narok, Port Victoria, Embu, Nyeri Court of Appeal and Butati. Eleven are ongoing and six others are at various stages of tendering for completion works,” Mokaya said.
The Judiciary is also engaging development partners for additional funding for the administration of justice, she said.
Mokaya said the Judiciary has initiated the installation of solar power backup systems projects in various courts that support improved access to justice.
The Judiciary has also rolled out small claims courts across the country to speed up the delivery of Justice.