This archive report was first published on 30 October 2019.
Kenya's Judiciary is on the brink of collapse due to severe budget cuts and understaffing, which could undermine the administration of justice.
For three years, the Judiciary has been subjected to financial constraints that have reversed gains in case adjudication and clearance of the perennial backlog.
Despite intense lobbying, the Judiciary was allocated Sh17 billion in the current financial year, just over half of the Sh31 billion it had requested.
As a result, judicial tribunals that deal with specific cases such as political, land, environment, and rent disputes have been rendered inoperative due to lack of funds.
These tribunals provide vital services, augmenting the work of courts and helping to expedite matters that would otherwise take long to resolve.
President Kenyatta's decision to decline the gazetting of 41 judges vetted and approved by the Judicial Service Commission has further exacerbated the situation, leaving the Judiciary short-staffed.
The Judiciary's woes are not new, dating back to President Kenyatta's 2017 threat to revisit the Supreme Court's ruling that nullified his re-election.
Since then, the Executive has been waging a subtle war against the Judiciary, with the State accusing the courts of sabotaging the anti-graft fight.
However, the truth is that the Judiciary is a threat to the Executive, and the strategy is to whittle down its powers through budget cuts and understaffing.
