Auditor General Highlights Judiciary’s Failure to Utilize Sh520.4 Million in Development Budget
The Auditor General’s latest report has raised concerns over the Kenyan Judiciary’s inability to fully utilize its allocated development budget for the financial year 2023/24, leaving Sh520.4 million unspent. This underutilization, attributed to delays in project implementation and escalating costs, could hinder efforts to improve court infrastructure and enhance access to justice across the country.
The report, which scrutinized the Judiciary’s financial performance for the year ending June 30, 2024, revealed significant lapses in the execution of planned development projects. The unspent funds were intended for critical initiatives aimed at modernizing court facilities, improving judicial services, and expanding access to justice, particularly in underserved regions. The Auditor General pointed out that inefficiencies in project planning and execution, coupled with rising costs of materials and labor, were the primary reasons for the underutilization.
According to the findings, several key projects, including the construction and renovation of court buildings, faced delays due to bureaucratic bottlenecks and inadequate coordination among stakeholders. These setbacks not only stalled infrastructure development but also raised questions about the Judiciary’s capacity to manage its allocated resources effectively. The report emphasized that the failure to absorb the full budget could have long-term implications for the delivery of timely and accessible judicial services.
The Auditor General’s report also highlighted specific instances where funds remained unspent due to slow procurement processes and unresolved contractual disputes. For example, some planned court upgrades were postponed because of disagreements with contractors over cost variations, further exacerbating delays. This inefficiency has sparked concerns among stakeholders about the Judiciary’s ability to address the growing demand for judicial services in a rapidly expanding population.
The unspent Sh520.4 million represents a significant portion of the Judiciary’s development budget, which is funded by taxpayer money and development partners. The Auditor General stressed that such underutilization undermines public trust in the institution’s ability to manage resources prudently. The report urged the Judiciary to strengthen its project management frameworks, streamline procurement processes, and enhance oversight to ensure timely implementation of future projects.
In response to the findings, the Judiciary issued a statement acknowledging the challenges outlined in the report. It attributed some of the delays to external factors, such as inflation-driven cost increases and supply chain disruptions, which affected the timely execution of projects. The institution also noted that it has taken steps to address the issues, including revising its procurement guidelines and establishing a dedicated task force to monitor project implementation.
Stakeholders in the justice sector have expressed mixed reactions to the report. Some legal experts argue that the underutilization reflects deeper systemic issues within the Judiciary, including inadequate planning and a lack of technical expertise in managing large-scale projects. Others, however, view the unspent funds as a missed opportunity to address long-standing challenges, such as case backlogs and insufficient court infrastructure in rural areas.
The Auditor General’s findings come at a time when the Judiciary is under pressure to improve access to justice and reduce case delays, which have been persistent challenges in Kenya’s legal system. The report serves as a wake-up call for the institution to prioritize efficient resource utilization and address the structural barriers that hinder project implementation.
Moving forward, the Auditor General recommended that the Judiciary adopt a more proactive approach to project management, including setting clear timelines, improving coordination with contractors, and investing in capacity building for staff involved in project oversight. The report also called for greater transparency in how development funds are allocated and spent, to restore public confidence in the institution.
As the Judiciary works to address these challenges, the unspent Sh520.4 million remains a stark reminder of the need for better planning and execution to ensure that critical judicial infrastructure projects are completed on time and within budget. The institution’s ability to implement these recommendations will be crucial in maintaining its role as a cornerstone of Kenya’s justice system.