This archive report was first published on 30 October 2019.
As of October 30, 2019, the Judiciary is facing a major financial and logistical crisis that threatens to undermine the administration of justice.
For three years, the Judiciary has been subjected to severe budget cuts, which have put heavy constraints on its work and reversed gains in adjudication of cases and clearing of the perennial backlog.
The current financial year's allocation of Sh17 billion is just slightly over half of the Sh31 billion the Judiciary had asked for, a situation that has persisted for the past two years.
According to the Judicial Service Commission, court operations are bound to grind to a halt unless the government raises subventions, with tribunals dealing with specific judicial matters already rendered inoperative due to lack of funds.
These tribunals provide vital services, dealing with specific cases such as political, land, environment, and rent disputes, and offering quasi-legal services that augment the work of courts and help to expedite matters that would otherwise take long to resolve.
The Judiciary's misfortunes are compounded by the President's refusal to gazette 41 judges vetted and approved by the JSC, a matter that is being litigated in court.
Without additional judges, the Judiciary is too constrained to deliver its mandate, adding to the case backlog that has subjected it to incessant criticism.
President Kenyatta's 2017 threat to 'revisit' the Supreme Court's ruling nullifying his re-election has created a deep aversion for the Judiciary, with the Executive seeking to whittle down its powers through budget cuts and understaffing.
