Court stops treasury from slashing judiciary's budget, orders release of funds

The Judiciary has flexed its muscle in the fight with the Executive over budget cuts by ordering Treasury not to interfere with its allocation.

Justice James Makau ordered that the original Sh14.5 billion allocated to the Judiciary by the National Assembly be maintained, and suspended a circular issued by acting Treasury Cabinet Secretary Ukur Yattani (right), last month, which slashed the allocation to Sh11.5 billion.

“An order is hereby issued compelling the Treasury CS and his officials to fully implement the duly approved Judiciary budget by drawing the necessary funds due to the Judiciary from the Consolidated Fund,” ruled Makau.

Justice Makau made the directive amid fears that several courts and tribunals are facing crises due to lack of resources.

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Through a circular dated September 24, the Treasury slashed Judiciary’s budget by Sh3 billion citing revenue shortfalls and need to raise funds for the Government’s Big Four agenda.

Justice Makau made the order in an application filed by the Law Society of Kenya challenging the Treasury’s circular on grounds that the CS has no authority to reverse the budget once it is approved by Parliament.

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budget cutsNational TreasuryTreasury CS Ukur YattaniJudiciary budget