Financial independence central to Judiciary’s aspiration – CRJ Mokaya
Isiolo, November 19, 2024 – Chief Registrar of the Judiciary Winfridah Mokaya has underscored the centrality of financial independence in the attainment of Judiciary’s vision.
She said that under the current Judiciary Vision, the Judiciary has committed to creating a strong institution that is independent, accessible, efficient and that protects the rights of all especially the vulnerable, adding that financial independence is a central part of this aspiration.
Hon Mokaya highlighted sustaining automation of services, expansion of people-centered justice initiatives such as Alternative Justice Systems (AJS), Court Annexed Mediation (CAM), specialized courts, establishment of more courts and sub-registries and financing court operations as well as ongoing capital projects, as priority areas that the Judiciary has planned to implement in the next financial year.
“The resources required for the Judiciary to undertake the above key priorities in financial year 2025/26 is Ksh40.1bn comprising Ksh31.6bn for recurrent expenditure and KSh8.5bn for the Development. However, the annual indicative budget proposal for the Judiciary is Ksh24.937bn out of which Ksh23.437bn is recurrent while KSh1.5bn is Development.”
She added the Judicial Service Commission (JSC) on the other hand requires Ksh1.932bn to implement the priorities outlined in its Strategic Plan 2022-2027, as its resource requirements for the financial year 2025/2026.
The Chief Registrar explained that as a result, the Judiciary is left with a funding gap of Ksh15.159bn which translates to 38% while the funding deficit for JSC is Ksh1.1bn (57%), since the current Commission’s indicative budget allocation is Ksh821m.
“As we continue engaging the relevant institutions for enhanced funding for both the Judiciary and JSC, we must carefully prioritize the services to be delivered to the public using the available resources,” the CRJ said in a speech read on her behalf by Registrar of Tribunals Hon Anne Asugah during the public participation exercise for Isiolo on the Proposed Judiciary Budget Estimates for the FY 2025/26 and the Medium-Term Period 2025/26-2027/28, that was also attended by Meru High Court Presiding Judge Edward Muriithi who was standing in for the Isiolo High Court Presiding Judge, Lady Justice Thripsisa Cherere.
Hon Mokaya said the engagement was being undertaken together with the Judicial Service Commission, the institution that bears the constitutional mandate to promote and facilitate the independence and accountability of the Judiciary.
“By holding this forum, we do not just seek to fulfill the legal requirements under Article 201 of the Constitution and Section 37 (5) of the Public Finance Management Act, 2012 for the sake of it. We do so in recognition of our duty to be open to scrutiny and accountability and with a genuine desire to receive feedback,” said explained.
Isiolo Law Courts Chief Magistrate Lucy Mutai noted that the activity underscored a fundamental principle enshrined in the Constitution: the right of citizens to take part in the decisions that affect their lives and the governance of their nation.
She said through public participation in Judiciary’s budgeting, the institution seeks to demystify itself and promote ownership of its operations by the people it serves adding that their views will guide the Judiciary in ensuring equitable allocation of resources to marginalized areas, a goal she noted, aligns with the institution’s constitutional mandate.
“By involving stakeholders, we are reaffirming our commitment to delivering accessible, efficient and effective justice services that address the needs of all Kenyans,” Hon Mutai said.
She added: “Your contributions will help ensure that Judiciary is adequately resourced to address case backlogs, protect the rights of vulnerable groups, and deliver justice without undue delay.”
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