This archive report was first published on 7 November 2019.
On November 4, 2019, Chief Justice David Maraga expressed his dissatisfaction with the Executive following a cut in the Judiciary's budget. In response, acting Cabinet Secretary for National Treasury, Ukur Yatani, stated that the country is in no position to offer the Judiciary more money, adding that the budget cuts are final.
Speaking to journalists, Yatani claimed that the CJ was prioritizing the judicial services above all other government services, which are critical. He also accused judges and magistrates of hindering tax collection by indifferently treating tax dispute suits before the courts, without appreciating that the same taxes are their main source of income.
Yatani stated, “When we try to collect taxes, people run to the Judiciary to challenge the measures and are given orders stopping us.” He further claimed that the country had been living beyond its means before his appointment, following the suspension of his predecessor, Henry Rotich.
Yatani faulted Rotich’s approach to budget-making, which was informed by unrealistic revenue projections that forced the government to engage in a borrowing spree to plug the funding hole. He stated that the Treasury had not slashed budgets for any arm of the government but had instead introduced a raft of austerity measures to ensure prudent use of resources.
However, a court has already given interim orders stopping the Treasury CS from slashing the Judicial budget in a case filed by the Judicial Service Commission. Justice Makau Mutua of the High Court issued an order restraining the National Treasury, its agents, officers, or any persons from implementing a September 24 circular or issuing any unwarranted directive with the same effect on the judiciary’s budget.
