Kenyan Judiciary Appeals for Budget Increase to Address Sh20 Billion Deficit
The Kenyan Judiciary is grappling with a severe financial shortfall, prompting an urgent appeal to the Senate for a substantial budget increase to address a Sh20 billion deficit that is crippling its operations. Chief Registrar of the Judiciary, Hon. Winfridah Mokaya, highlighted the critical funding constraints during a recent session with the Senate's Justice, Legal Affairs, and Human Rights Committee, emphasizing the dire impact on the administration of justice across the country.
The Judiciary's current budget of Sh27.8 billion for the 2025/26 financial year, which includes a Sh2 billion increase from the previous year, falls significantly short of the Sh47.8 billion required to meet its operational needs. This shortfall has led to significant operational challenges, including the cancellation of 171 job vacancies, such as 60 legal researcher positions, 25 diploma internships in office administration, and 12 graduate internships. The funding gap has also stalled plans to recruit additional judges, leaving the Court of Appeal with only 29 judges instead of the required 70, severely limiting its capacity to handle cases efficiently.
Mokaya detailed how the budget constraints have hampered critical judicial functions, including delays in case resolutions and the inability to expand court infrastructure to meet growing demands. The Judiciary's e-filing system, a cornerstone of modernizing access to justice, has faced outages, forcing urgent applications to be filed manually in court, further straining resources. The financial strain also threatens the Judiciary's ability to implement key reforms aimed at improving judicial efficiency and public access to justice.
The appeal for increased funding comes amidst broader fiscal challenges in Kenya, with the National Treasury projecting a Sh876 billion fiscal deficit for the 2025/26 financial year. Despite a reported decline in inflation to 3.8 percent in May 2025, the government is enforcing strict austerity measures and zero-based budgeting to manage expenditure. However, the Judiciary argues that its funding shortfall is undermining its constitutional mandate to deliver timely and accessible justice, which is critical to upholding the rule of law.
The Senate session also shed light on systemic issues affecting the Judiciary, including concerns over accountability raised by the Auditor General's recent report. The Judiciary was among 11 state entities flagged for unsupported spending totaling Sh2 billion, raising questions about financial transparency. Mokaya assured the Senate that the Judiciary is committed to addressing these concerns through improved internal controls and governance to ensure public funds are used efficiently.
As the Senate deliberates on the Judiciary's request, the outcome will have far-reaching implications for Kenya's justice system. Stakeholders, including legal experts and civil society groups, are urging the government to prioritize funding for the Judiciary to safeguard its independence and functionality. Without immediate action to address the Sh20 billion deficit, the Judiciary warns that the administration of justice will continue to face significant setbacks, potentially eroding public confidence in the legal system.
The Judiciary's plea underscores a broader call for balanced resource allocation in Kenya's budget, as other sectors, including health, education, and security, also face funding cuts. As the government navigates economic challenges, the resolution of the Judiciary's budget crisis will be a critical test of its commitment to upholding justice and constitutional mandates.