The Kenyan Judiciary has issued a stark warning about a severe financial shortfall that could jeopardize access to justice, particularly as the nation prepares for the 2025 General Election. The institution is seeking a Sh50.7 billion budget for the 2025/26 financial year to address case backlogs and improve service delivery. However, the current funding ceiling of Sh30.4 billion leaves a critical gap of Sh20.4 billion, or 40.2% of the requested amount, according to a statement from the Judiciary. This deficit risks undermining the constitutional mandate to ensure equitable justice, with officials expressing concern that the election-related workload could further strain an already overburdened system.
The Judiciary’s budget breakdown includes Sh46.2 billion for recurrent expenses and Sh4.5 billion for development projects. The shortfall has raised alarms about the ability to maintain judicial operations, with systemic challenges such as corruption, administrative inefficiency, and judicial inertia cited as key contributors to case backlogs. These issues, combined with inadequate funding, have led to delays in hearings, with judges and magistrates frequently absent or unresponsive, according to legal experts. The lack of accountability for mismanagement and unethical practices, including tampered case files and externally influenced rulings, has further eroded public trust in the legal system.
Judicial officials have emphasized that resolving the financial crisis alone is insufficient without addressing deeper institutional flaws. A 2023 report by the Kenya National Bureau of Statistics highlighted that 68% of citizens perceive the judiciary as inefficient, with prolonged case resolutions often forcing litigants into protracted appeals. The Judiciary’s chief justice, Martha Koome, has called for urgent reforms to improve resource management and enforce stricter oversight of judicial conduct. Meanwhile, civil society organizations have urged the government to prioritize transparency and accountability to prevent the crisis from worsening ahead of the 2025 elections.
In response to the growing concerns, the Judiciary has reiterated its commitment to enhancing justice delivery through both financial and structural measures. However, stakeholders stress that without immediate action to bridge the budget gap and tackle systemic corruption, the risk of a justice delivery collapse remains high. The situation underscores the urgent need for collaboration between the judiciary, legislature, and civil society to safeguard the rule of law and ensure fair resolution of disputes, particularly during a pivotal electoral period.