CJ Koome decries minimum and derailed funding as Judiciary unveils it's Annual report

Nairobi, 

Friday, 15 November, 2024 

McCreadie Andias 

Chief Justice Martha Koome has expressed concern over the chronic underfunding of the Judiciary, highlighting its detrimental impact on the delivery of justice. 

Speaking during the Launch of the Judiciary and the Administration of Justice Report for the FY 2023/24, Koome emphasized that inadequate financial support is causing delays in case resolution and limiting critical judicial operations, which undermines access to timely justice for citizens. 

Koome revealed that the Judiciary received only Ksh. 22.42 billion in the last financial year, significantly below the required budget of KSh43.17 billion which ultimately affected judicial activities. 

“The Judiciary continues to face funding challenges owing to historical chronic underfunding of the justice sector. For the past three financial years, our funding has consistently fallen short by nearly 50%, limiting our capacity to meet the expanding demands of the institution. 

In the past financial year, we received only KSh22.42 billion, significantly below the required budget of KSh43.17 billion. This funding gap restricts our ability to realise the constitutional promise of social transformation through access to justice.”She said. 

She called on the executive and legislative branches of government to prioritize and increase funding for the Judiciary to ensure it functions effectively and independently.

“The psychological impact of adjudicating distressing cases necessitates comprehensive wellness programmes to support our judicial personnel. Ensuring the safety, security, and well-being of our personnel is paramount to maintaining the effective functioning of the Judiciary. 

We therefore call upon the Legislature and the Executive to recognize these needs and allocate additional resources necessary to support the optimal operation of the Judiciary.”Koome noted.

Koome stressed that a well-funded Judiciary is essential for upholding the rule of law and fostering public confidence in Kenya’s legal system. 

She noted that judicial independence hinges on adequate resourcing, which allows courts to expand their capacity, adopt modern technology, and improve service delivery. The Chief Justice urged collaborative efforts to address these funding gaps, warning that failing to do so could erode trust in judicial processes and hinder national development.

The CJ acknowledged an improvement in judicial staff establishment and Judicial service Commision but stated the numbers are still way below efficient capacity. 

“Although we currently operate at only 68% of our approved staff establishment, this was an improvement from 64% in the previous financial year. Similarly for Judges and Judicial officers, the Judicial Service Commission enhanced the numbers from 41% to 48%.

Although we celebrate these gains, we recognise the pressing need for further investment to reach the 80% optimal staffing levels in the Judiciary to meet the demands of a growing caseload.”She said. 

Koome further acknowledged the significant efforts of the Judiciary in widening the avenues of access to justice. The Judiciary has rolled out programmes that are closing geographic and other barriers that have historically restricted Kenyans’ access to justice.

She revealed that the High Court’s presence now extends to 46 out of 47 counties, with High Courts established across nearly the entire country. specialized courts have also been increased with three new divisions of the Employment and Labour Relations Court in Nairobi and one sub-registry in Voi bringing the number of ELRC stations to 10, with 11 sub-registries. 

Similarly, the Judiciary has established three additional Environment and Land Court stations and a sub-registry in Lodwar, bringing the total number of ELC courts to 40. 

The move has helped bring justice closer to the people and reduce caseloads.