Kenya’s Judiciary is facing a severe budget crisis that has stalled key services, projects, and programs meant to improve the delivery of justice. The crisis, which has been outlined in the 2023-24 State of the Judiciary and the Administration of Justice report, reveals a shocking shortfall of between Sh20.75 billion and Sh43 billion in its budget, exacerbating a growing backlog of cases that already threatens to overwhelm the justice system.
Despite being mandated to ensure the timely dispensation of justice, the Judiciary has been grappling with underfunding for years. In 2023-24, the Judiciary received a budget of Sh22.42 billion an increase from the previous year’s Sh21.13 billion. However, the actual cost required to process the 516,121 cases filed during this period was Sh64 billion, indicating a funding gap of Sh43 billion. This budget shortfall has led to the stalling of critical projects, such as the roll-out of new courts, automation programs, and mediation services, all aimed at reducing delays and improving access to justice.
One of the most concerning impacts of the Judiciary’s financial woes is the backlog of pending cases. In the past year, the number of pending cases increased by 1.2%, from 625,643 to 649,310 cases. This rise is particularly affecting the Supreme Court, Court of Appeal, and small claims courts. A lack of funds to hire more judicial officers has compounded the problem, leaving courts unable to keep up with the growing caseload. The Judiciary’s struggle to meet its operational needs has contributed to delays in the resolution of cases, with some courts facing overwhelming workloads and high rates of burnout among adjudicators.
The situation is further worsened by the rise in pending bills, which have reached Sh811.17 million, up from Sh608.07 million in the previous financial year. These unpaid bills include Sh410.01 million in development expenses and Sh331.92 million in recurrent costs. The Judiciary attributes this surge in pending bills to challenges in exchequer releases, which have restricted its ability to pay for essential services and projects.
One of the most glaring revelations in the report is the stark discrepancy between the budget allocated per case and the actual cost required to handle it. The Judiciary is currently allocated Sh40,700 per case, but internal reviews indicate that the optimal cost per case is Sh125,750. This underfunding has had a direct impact on the Judiciary’s ability to meet its targets, as key activities such as special benches, pro bono services, and crucial capital projects have suffered due to a lack of financial resources.
The Judiciary’s budget issues have persisted despite the establishment of a Judiciary Fund, which is meant to ensure financial independence for the courts. The law stipulates that at least 3% of the national budget should be allocated to the Judiciary, but for the past three years, the Judiciary has received less than 0.92% of the national budget, far below the recommended threshold. This ongoing underfunding has significantly undermined the efficiency, financial independence, and operational autonomy of the Judiciary, making it difficult for the institution to fulfill its mandate.
The financial constraints faced by the Judiciary are particularly troubling given the rising demand for justice in Kenya. With criminal cases making up 57% of total filings, and civil cases rising by 3%, the need for efficient and timely adjudication has never been greater. However, the financial gaps in the Judiciary’s budget are hindering its ability to handle this growing caseload effectively.
Despite these challenges, the Judiciary has made some strides in improving case resolution, achieving a 99% case clearance rate in the past year, with 509,664 cases being resolved out of 516,121 filed. However, the increasing number of pending cases, particularly in small claims courts, underscores the ongoing strain on the system.
As Kenya’s justice system faces these mounting challenges, the question remains whether the government will take the necessary steps to address the Judiciary’s funding needs. If these issues are not resolved soon, the delivery of justice in Kenya will continue to suffer, leaving many Kenyans without access to timely and fair legal remedies.
