Budget cut will have negative effect on the Judiciary’s programmes

Executive Director Friends of Prisoners International Thande wa Njogu protest the judiciary budget cuts outside Nyeri Law Courts. [Mose Sammy, Standard]

The Constitution of Kenya 2010 gave the impetus to reform and restructure the country’s justice sector, to enable it play a key role in advancing and stabilising our democracy.

Besides the constitutional imperative to deliver efficient service, the public demanded an efficient, effective and responsive institution. The Judiciary, being a key player in the Justice System, embarked on a transformation path that has seen it reform the way justice is delivered to the people and restore public faith and confidence.

A lot has gone into this process that has seen the growth in jurisprudence and judicial independence. The new Judiciary has precipitated improved delivery and access to justice, transformative leadership, development of organizational culture geared towards excellence, adequate financial resources and physical infrastructure and use of technology as an enabler for justice.

However, the Judiciary has faced many challenges, key among them lack of adequate facilities and infrastructure to enable it function efficiently and effectively. Basic facilities in many courts are, to say the least, undignified. In some courts, holding cells that are simple, crowded makeshift structures that desecrate the rights and dignity of the prisoners. In some cases, adults and children are made to share the same facility. Inside the courts themselves, the crowding poses a clear security risk not only to the court staff, but other court users as well.

Constitutional requirement

The infrastructure development and establishment of High Court stations in all counties, which have been key planks in the ongoing Judiciary transformation, are not just a management endeavour but a constitutional requirement: Each county must have a High Court station in order to take justice closer to the people.

Under Sustaining Judiciary Transformation (SJT) blueprint, Chief Justice David Maraga promised to enhance access to justice by speedy disposal of cases; a new digital strategy; and effective leadership and governance and ethical practices, with clear timelines for all the pillars. Given the recent developments in which the National Assembly slashed the Judiciary’s budget substantially, many programmes will not be actualised.

The National Government’s Budgetary Policy Statement capped the Judiciary’s budget at Sh17.3 billion, with recurrent expenditure at Sh13.3 billion and development expenditure at SH4 billion. This comprised  Sh1.05 billion from the Government, a World Bank loan facility of Sh2.9 billion, and a JSC ceiling of Sh479.6 million.

However, when Parliament passed the Appropriation Act, the Judiciary’s total budget allocation was further reduced to Sh14.5 billion. Out of this, the development budget from the government is only Sh50 million. The money is expected to cover new and ongoing projects, repairs and maintenance, as well as ICT infrastructure for the courts. According to the Judicial Service Commission, the undertaking by the Chief Justice to ensure that all cases above five years old are cleared by December 2018 is now a mirage.

Judiciary projects

Over 70 court construction projects are at risk of stalling. They include 41 Government-funded projects currently in various stages of completion and 29 World Bank-funded projects. This is also because the World Bank’s Sh11.5 billion loan facility through which many of Judiciary projects have been funded expires in December this year, implying that more than Sh4 billion will be required to complete the projects.

As it is now, Kenyans are expected to see suspension of more than 50 Mobile Courts, derailment of the case backlog clearance, discontinuation of the ICT, modernization of court systems and halting of new court constructions. The net result is reduced access to justice and slow disposal of cases.

Kabarnet Law Courts, for instance, operated two mobile courts which have been suspended since last year. The cases reported in the affected areas have reduced by more than 80 percent due to the distance covered by the litigants to get to the main court.

Most of the affected are the poor and it is only when justice reaches the weak, and the rule of law protects the indigent, that we, as a country, can say that our Constitution is living up to its juridical and developmental promise of equality and equity.

It is high time the Government recognises that investment in the rule of law is not only its recognition of an inherently good social value, but also an acknowledgment of the direct link between the rule of law, economic development and political stability.

The JSC has stated that while the Judiciary will continue doing its best to deliver justice to Kenyans, judicial services will this year be severely affected as a result of the budget cuts.

Ms Namusyule and Mueni are Public Communication Officers at the Judiciary. [email protected]; [email protected]