For a long time, the Judiciary was the subject of deliberate underfunding by the Executive for manipulative motives. The attitude of the Executive was that the courts should be more amenable to the political appetites of the time.

So emasculated was the Judiciary that judges were appointed by the presidency, rendering them terrified servants of the Executive. And so blatant was Executive interference in the administration of justice that some judgments in sensitive cases were written by the Executive.

Judges who rendered decisions that irked the presidency were sent to “Siberia”, while others were removed from office at the whims of the presidency.

The Judicial Service Commission, the Judiciary’s top decision-making organ, was dominated by appointees of the presidency.

It took deliberate efforts by framers of the latter-day Constitution to shield the independence of the Judiciary by coming up with a more empowered JSC entrusted with both the hiring of judges and supervision of the Judiciary.

Though there are still concerns about Executive dominance in the JSC, the obtaining situation is far removed from the mockery that was the commission in the past. Due to the manner of their appointment, judges have lately years issued decisions that demonstrate independence, probity and intellectual stamina, a number of them acerbic reprimands of the Executive.

The operation of the Judiciary Fund was a major milestone in securing the financial independence of the institution. Article 173 says the Fund shall be used for administrative expenses of the Judiciary and such other purposes as may be necessary for the discharge of its functions.

But while the Judiciary keeps writing holier-than-thou editorials about other sections of society, it reacts to scrutiny of itself with predictable paranoia. That is why our attention was drawn to revelations by the auditor general that the Judiciary is among 11 government entities on the spot over unsupported expenditure amounting to Sh2 billion.

Auditor General Nancy Gathungu’s report for the 2023/2024 financial year shows the amount comprised Sh783.9 million under Ministries, Departments and Agencies and Sh1.26 billion on donor-funded projects. While the other institutions are not without blame, it is disturbing that the Judiciary has joined this dubious club.