CJ: Public will suffer the most if MPs slash courts’ budget

By GEOFREY MOSOKU

Kenya: Chief Justice Willy Mutunga has warned that delivery of justice may be hampered if Parliament cuts Judiciary’s budget.

Dr Mutunga said that already the Judiciary is underfunded as compared to the other arms of Government, especially Parliament.

With other 5,000 staff spread across the country, the Judiciary receives an annual allocation of Sh16 billion as opposed to MPs, who allocate themselves Sh20 billion with a staff of about 2,000 who operate in Nairobi only.

“It may interest the public to know that the Judiciary is in every other district in this country, with court stations spread across all the counties and is constitutionally mandated to establish a High Court in every county. It has nearly 5,000 employees. The courts sit every single day of the week serving wananchi. And the Judiciary had an annual budget of Sh16 billion. Contrast that with Parliament, which has fewer than 2,000 employees, including MPs, is only based in Nairobi and sits only three days in a week. Parliament has a budget of Sh20 billion,” the CJ added.

Judicial Service Commission (JSC) member Rev. Samuel Kobia stated that its only Parliament, of the three arms of government, that does not generate any revenue yet they receive more. The two were speaking yesterday at the Supreme Court building in Nairobi. According to the CJ, as much as the Constitution gives powers to legislators to determine allocation, such role should not be used to hit back at the courts.

Threats

“The Constitution gives MPs the power to determine how much funding is allocated to the Judiciary. However, as the Commission on Constitutional Implementation has reminded them, that is a power it has been called upon to exercise with responsibility and prudence - always aware that allocations to the Judiciary are not for the comfort of judges and magistrates but to fund access to justice,” he said.

The JSC warned that Kenyans will suffer the most if MPs make good their threats to cut Judiciary’s budget as the courts shall scale operations down.

“Much has been made of the decision by the National Assembly to reduce Judiciary funding by Sh500 million. Let us put this in perspective: Various parliamentary committees of the National Assembly reviewed the supplementary estimates for 2013/2014. The conversation around what the Judiciary needs for the 2014/2015 financial year has just begun, and we expect Parliament to act in the interests of the public as required by the Constitution,” said Kobia.