Kenya’s Judiciary lacks financial independence, says CJ Mutunga as he launches four-year plan

NAIROBI: Chief Justice Willy Mutunga Thursday said lack of financial independence was affecting the Judiciary in discharging its mandate, even as he acknowledged cases of corruption in the corridors of justice.

Dr Mutunga said an internal audit had helped net 78 judicial officers for corruption, failure to deliver judgment and gross misconduct.

The CJ said 65 administrative staff, 17 of whom are accountants, had been interdicted and 13 magistrates are facing the sack for corruption and gross misconduct.

Speaking during the launch of four-year strategic plan, he said Judiciary's objective to enhance its independence between 2008 and 2012 was frustrated by the cold war on funding with both the Parliament and the Executive.

The 75-paged document covering Judiciary's strategic plans for years between 2014 and 2018 cited financial independence was not achieved.

The plan was unveiled after a heated exchange between the CJ and National Assembly's Parliamentary Accounts Committee over the use of money allocated to the Judiciary.

PAC, led by Nicholas Gumbo (Rarieda MP), had issued a damning verdict on the CJ's leadership, accusing him of failing to rein in his team to avert loss of taxpayer's monies. The committee painted a picture of a 'headless' Judiciary.

The Judiciary used to get a budgetary allocation of Sh3 billion each financial year. The monies have been increased five-fold.

PAC's chair, during his address Thursday, said that: "One of the members of the committee said what Parliament did wrong was to increase the funds. We drowned them (Judiciary) with cash and that is the reason we are having problems."

The plan that is to be implemented even after Mutunga retires requires Sh23.734 billion to be realised.

"For the independence of the Judiciary to be secured as contemplated by the Constitution, it is vital that Parliament urgently enacts the Judiciary Fund Bill," Mutunga said.

The CJ's succession, interference from Executive and Legislature and non-compliance with court orders took centre stage of the launch.

Senator Amos Wako (Busia County) said that he was worried about the Judiciary's and legal profession that was facing turbulence.

Dr Mutunga has already announced he will soon retire together with his deputy Justice Kalpana Rawal.

The powerful Judicial Service Commission will hold its elections next month.