Judiciary asks for Sh3.5b to build houses for judges

National Assembly Justice and Legal Affairs Committee led by Chairman Samuel Chepkonga(R) and Vice Priscillah Nykabi when they met DPP and EACC officials on Supplementary Budget proposals at Parliament on Wednesday 30/03/16. PHOTO:BONIFACE OKENDO

It will cost taxpayers Sh3.5 billion to build houses for all 140 judges if the Judiciary has its way.

A proposal to construct residential houses is contained in the Judicial Programme Based Budget proposals for the 2016-17 financial year, presented to the National Assembly.

Currently the Judiciary has 109 Judges of the High Court, 25 in the Court of Appeal and seven in the Supreme Court including the Chief Justice bringing the total to 141.

There is a provision to provide the CJ with a house while the rest of the Judges are not. The Judiciary's argument is that currently judges are not provided with official residences, forcing them to be housed by parties that could pose conflict of interest in the dispensation of their duties.

Real estate valuers argue that it would cost more than Sh3.5 billion of tax payer's money to ensure each judge has a residential house in Nairobi as well as in the other 46 counties. The cost would increase should the construction factor in the cost of land, and in case of furnishing the cost could be higher.

According to Johnston Denge, a real estate services manager at Cytonn Investments, construction of a single house could cost between Sh20 million and Sh32 million depending on the location and cost of materials for such houses.

"On average it would take Sh25 million to construct a single house. However, it would cost more if one were to purchase land in high end areas such as Nairobi's Muthaiga, Karen, and Runda areas," Mr Denge said.

He said the cost of constructing a house would be the same even in Busia County even though the cost of materials and labour would vary.

"While the cost of material would be high in Busia, the cost of labour would be low compared to that of Nairobi," Denge added.

The real estate valuer estimated that half an acre of land would be sufficient to put up a residential house for a judge. He estimated that the value of land would vary from one region to another depending on the location and availability of land among other factors.

"An acre of land in Karen goes for about Sh50 million while in Muthaiga it would even be in the range of Sh200 million," Denge said.

But Justus Inonda Mwanje of the African Public Policy Institute said it does not make sense to spend over 27 per cent of a Judicial budget to construct residential houses for judges.

"The reason that they need houses to avoid being housed by landlords that could pose conflict of interest is not sufficient enough," Prof Mwanje said.

The Judiciary requires Sh17.8 billion to cater for among other proposals, the automation of court stations, refurbishment and establishment of courts.