Win For Judiciary As It Seeks To Gain Independence

The Judiciary Fund has finally been released after six years of wait. These funds will therefore give the courts financial independence to run their affairs.

Passed in 2016, The Judiciary Fund Act operationalization has however been delayed over the years as the Judiciary fought with the Executive over the activation of the Fund.

The Judiciary announced that the Treasury had loaded Ksh9 billion into the Fund for the half-year budget for 2022/2023. The Fund is a crucial step in securing the financial independence of the courts regardless of budgetary allocation sought by the Judiciary having not been met.

“Operationalization of the Judiciary Fund will aid in the planning and timely execution of operations and projects, and further eliminate previous challenges of delayed disbursements or budget cuts,” the Judiciary said in a statement.

Article 173 of the constitution established the Fund which will be administered by the Chief Registrar of the Judiciary, to meet court administrative expenses.

Failure to operationalize the Fund has been compelling the Judiciary to surrender funds collected every year from court fees and fines to the Treasury.

“The Fund was among key priorities of Chief Justice Martha Koome when she assumed office. It has been established and operationalized with the support of the Executive, Legislature. The Central Bank of Kenya and Controller of Budget,” the Judiciary added in the statement.

The Constitution instructs that the Fund be used for administrative expenses of the Judiciary and other such purposes as may be necessary for the discharge of the functions of the Judiciary.

“Upon approval by the National Assembly, the expenditure of the Judiciary shall be a charge on the Consolidated Fund and the funds shall be paid directly into the Judiciary Fund.”

Under the framework outlined in Article 173, the Chief Registrar will be required in every financial year to prepare estimates of expenditure for the following year and submit them to the National Assembly for approval.

Article By Sally Lizwa