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Judiciary heavily burdened by low financial allocation – annual report
The Judiciary is not operating optimally due to significant budgetary, infrastructural and human resource constraints despite numerous efforts to improve access to justice countrywide, a report has found.
In the eleventh annual State of the Judiciary and the Administration of Justice Annual Report released at the Supreme Court on Friday, the Judiciary requires a human resource of 9,417 people to operate optimally, compared to the 6,182 employed at the moment.
In the launch event graced by President William Ruto, his Deputy Rigathi Gachagua, Attorney General Justin Muturi, and both Speakers of Parliament, Chief Justice Martha Koome delivered the assessment of the Judiciary for the year 2021/2022.
“We still have a long way to go, including getting Judges of the High Court, the Environment and Land Court, and the Employment and Labour Relations court in all counties, magistrates sitting in all sub-counties, and Adjudicators for our Small Claims Courts across the whole county,” Koome said.
On the financial health of the Judiciary, Koome praised the operationalization of the Judiciary Fund, which she says the Judiciary Fund Account was activated on July 1, 2022. The Judiciary Fund Management Committee (JFMC), has already been set up.
She however decried the Judiciary’s budgetary allocation.”The Judiciary allocation for the FY 2021/22 was KES 18.122 billion, out of which KES 15.968 billion was for recurrent expenses and KES 2,154 for the development budget,” Koome said.
“This represents just 0.6 percent of the total national budget and just a small fraction of the resources allocated to Parliament and the Executive. It is also well below the international best practice of three percent allocation of the national budget to Judiciaries.”
Furthermore, Koome reiterated the need for a new Supreme Court building.
“We also urgently need to put up a modern Supreme Court building to house the Supreme Court and the Administrative Headquarters of the Judiciary, a Court of Appeal building to manage the expanded needs of the Court, and the Kenya Judiciary Academy.”
According to the report, the Courts recorded a case clearance rate of 94 percent resolving 381,317 of 404,312 cases filed.
While commending the Judiciary on its efforts throughout the year, Deputy Chief Justice Philomena Muilu called upon all arms of government to work together for the benefit of Kenyans.
“The Judiciary is as good as the people it serves. And it is as good as its partners,” she said. Her sentiments were echoed by the Attorney General who said, “Regardless of the arm of government in which you serve. We are collectively bound by the duty to serve the public which makes us interdependent.”
The report will be tabled at the National Assembly and Senate, where MPs will get an opportunity to poke holes and provide recommendations on the way forward for the Judiciary.
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