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Judiciary facing Sh15.159bn funding gap - Registrar

Sh40.1bn is needed for 2025-26 but proposed budget is Sh24.937bn.

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by EMMANUEL WANJALA

Realtime20 November 2024 - 15:37
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In Summary


  • The Chief Registrar underscored the need for the centrality of financial independence in the attainment of Judiciary’s vision.
  • The Judiciary, she said, has outlined priority areas it seeks to implement in the next financial year in fulfillment of its vision.

Public participation exercise for Kisii region on the proposed judicial budget estimates for the financial year 2025-26.

The Judiciary has outlined priority areas it seeks to implement in the next financial year in fulfillment of its vision to create a strong institution that is independent, accessible, efficient, and one that protects the rights of all especially the vulnerable.

Chief Registrar of the Judiciary Winfridah Mokaya, says this includes automation of services, expansion of people-centered justice initiatives such as Alternative Justice Systems (AJS), Court Annexed Mediation (CAM), specialised courts and establishment of more courts and sub-registries.

She adds that the Judiciary will also seek to finance court operations as well as ongoing capital projects.

“The resources required for the Judiciary to undertake the above key priorities in financial year 2025-26 is Sh40.1 billion, comprising Sh31.6 billion for recurrent expenditure and Sh8.5 billion for the development. However, the annual indicative budget proposal for the Judiciary is Sh24.937 billion, out of which Sh23.437 billion is recurrent while Sh1.5 billion is development,” Mokaya said.

She added the Judicial Service Commission (JSC), on the other hand requires Sh1.932 billion to implement priorities for the 2025–26 financial year as outlined in its Strategic Plan 2022–2027.

The Chief Registrar explained that as a result, the Judiciary is left with a funding gap of Sh15.159 billion, which translates to 38 per cent, while the funding deficit for JSC is Sh1.1bn (57 per cent).

This, she said, is considering the current JSC’s indicative budget allocation of Sh821m.

Mokaya underscored the need for the centrality of financial independence in the attainment of Judiciary’s vision.

“As we continue engaging the relevant institutions for enhanced funding for both the Judiciary and JSC, we must carefully prioritise the services to be delivered to the public using the available resources,” the CRJ said.

The Chief Registrar was speaking on Tuesday during a public participation exercise in Isiolo on the proposed Judiciary budget estimates for the 2025-26 financial year and the medium-term period covering 2025-26 and 2027-28.

In a speech read on her behalf by Registrar of Tribunals Hon Anne Asugah, Mokaya said the engagement was being undertaken together with the JSC.

The event was also attended by Meru High Court presiding Judge, Edward Muriithi, who was standing in for the Isiolo High Court presiding Judge, Lady Justice Thripsisa Cherere.

Mokaya said the Judiciary was not holding the engagement to merely fulfill the legal requirement under the constitution and the Public Finance Management Act, but in recognition of duty to be open to scrutiny and accountability and with a genuine desire to receive feedback.

Her sentiments were echoed by Isiolo Law Courts Chief Magistrate, Lucy Mutai, who noted that the public participation underscored the right of citizens to take part in the decisions that affect their lives and the governance of their nation.

She said through public participation on Judiciary’s budgeting, the institution seeks to promote ownership of its operations by the people it serves.

“Your contributions will help ensure that Judiciary is adequately resourced to address case backlogs, protect the rights of vulnerable groups, and deliver justice without undue delay.”

Magistrate Mutai added that the views will guide the Judiciary in ensuring equitable allocation of resources to marginalised areas, a goal she noted, aligns with Judiciary’s constitutional mandate.

“By involving stakeholders, we are reaffirming our commitment to delivering accessible, efficient and effective justice services that address the needs of all Kenyans,” Mutai said.

The public participation exercise was on Wednesday taken to Kisii in an event attended by JSC commissioners and Judges led by Kisii Law Courts presiding Judge, Sila Munyao, Judiciary's Director of Finance, Beatrice Kamau, Registrar High Court,  Hon Clara Otieno, as well as stakeholders in the justice sector and members of public.

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