This archive report was first published on 31 October 2019.
On October 31, 2019, the High Court dealt a significant blow to Treasury's plans to slash the Judiciary Budget. In a landmark ruling, Justice James Makau suspended a Treasury order to reduce the Judiciary's finances by KSh 3 billion.
The Treasury had issued a circular in September, reducing the Judiciary's budget to KSh 11.5 billion from the original KSh 14.5 billion. As a result, the Judiciary was forced to suspend tribunals across the country, citing a lack of funds.
However, the Law Society of Kenya (LSK) had filed a case arguing that Treasury was acting ultra vires. LSK posits that once the National Assembly approves the Judiciary's Chief Registrar's budget, then the matter is final. Moreover, the law society argues that Treasury did not engage relevant officials before implementing the circular.
Justice Makau's ruling effectively blocks Treasury's plans to implement the circular, stating that National Treasury CS and his agents are restrained from implementing circular No. 14 A dated September 24 or issuing any other unwarranted directive with the same effect on the judiciary budget.
The High Court will hear the case on November 6 and provide further direction.
