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Critical judiciary services could grind to a halt soon if the National Assembly approves a proposal by the National Treasury to cut its budget by Sh3 billion, a senior official has warned.

If Members of Parliament sanction the proposal in the Supplementary Estimates, the hearing and determination of several corruption cases in various courts across the country would slow down. As a result, the earliest major corruption cases could be concluded is January,  2024, the official added.

Judiciary Chief Registrar Ann Amadi told senators yesterday that unless the National Assembly reverses Treasury’s proposal, services and operations of the Judiciary would be critically affected.

“Both the Judiciary and the Judicial Service Commission hope that the budget should remain as it is or in the best case we get an increment. The Judiciary requires sufficient and stable funding to effectively serve litigants as dispensation of justice is increasingly becoming integrated with other sectors of the economy,” Amadi said.

 “We have 10 magistrates in the anti-corruption courts and we had planned to hire more. That will have to stop, meaning that some of the cases currently pending  in courts will be handled in 2024,” she added.

In a detailed report submitted to the Senate Justice and Legal Affairs Committee, chaired by Nandi Senator Samson Cherargei, Amadi told senators that should the cuts be effected the Judiciary would  be forced to ask litigants to buy their own stationery, including printing paper, pens, writing material, as well as toners as it will be impossible to procure these items.

While the stationery budget is Sh244 million, the Judiciary had spent Sh197 million to date, which means the proposed reduction of 50 per cent (equivalent to Sh122 million) will harm courts operations and result in pending bills.

Sitting allowances

In addition, Amadi said judges’ benefits approved by the Salaries and Remuneration Commission (SRC) such as telephone allowance, internet, airtime and courier services would be affected since Sh112 million proposed for the items would be slashed. 

“Since court proceedings are recorded manually and most judgments and orders printed, we shall be forced  to ask litigants to bring  their own stationery, if this proposal is implemented. This is despite the fact that some of the  people seeking justice are from poor families,” said Amadi.

Apart from stationery, other areas that would be affected include funding for conferences, professional services such as pro-bono representation, witness expenses, purchase of furniture, domestic travel and transportation costs such as fuel and lubricants, construction of courts, automation of courts registries as well as hiring of new judges.

Amadi disclosed that movement of judges, magistrates and key staff on court circuits, mobile courts, and judiciary service weeks would be affected if the current Sh434.5 million budget is cut .

Currently, she said, Judiciary has 15 Court of Appeal judges who are required to sit in three-judge benches and 600 magistrates, against a requirement of 1,200.  She said the proposed reduction of Sh139 million from a budget of Sh278 million will affect sitting allowances for statutory committees such as the Rules Committee and committees of the National Council for Administration of Justice, and allowances for tribunal members where 20 of them are currently sitting.