This archive report was first published on 5 November 2019.
On November 5, 2019, the Treasury issued a circular directing a drastic cut in the Judiciary's budget, sparking widespread outrage and debate.
Government spokesman Cyrus Oguna defended the move, citing general austerity measures and budget cuts across all sectors. However, a closer examination reveals that the Executive has exempted itself from these cuts, with non-essential items like trips, training, and car expenses being reduced by a mere 0.003 percent of the total budget.
Meanwhile, the government has been known to splurge on luxurious private jets, with a recent instance costing Sh1.8 million per hour for the President's trips to Japan and Russia.
As the debate raged on, a smear campaign was launched on social media, using the hashtag #WastageInJudiciary to discredit the Judiciary's budget allocation. However, the facts reveal that the Judiciary's budget constitutes a mere 0.0046 percent of the total budget, making it an unlikely candidate for 'wastage.'
The Treasury's actions have been seen as a possible 'revisiting' of the Executive's earlier promise to respect the Judiciary's independence after the Supreme Court nullified the 2017 presidential election.
One of the most concerning aspects of this issue is the lack of understanding about the powers of the Treasury and the Judiciary. The Treasury does not have the authority to defund the Judiciary, and any such move should be treated with contempt.
According to the law, it is Parliament that has the constitutional power to defund any arm of government. Unfortunately, the ambitions of legislators often do not provide them with sufficient incentive to resist Executive encroachment on House powers.
The constitutional architecture relies on Parliament and the Judiciary to tame the Executive's lust for power. However, in this case, Parliament has abdicated its duty, failing to defend its constitutional prerogatives against the Executive.
As a result, the public is left with the chilling impression that there is no one left to defend the Constitution other than them, and that the representative government is no longer representing them.
