Judiciary seeks extra Sh7b to hire more judges

Mrs Gladys Boss Shollei, the Chief Registrar of the Judiciary, addressing journalists at the Hotel Intercontinental in Nairobi on April 30, 2011. The Judiciary has asked for Sh7 billion above the Sh9.8 billion that the Treasury has allocated it to enable it implement projects including employing more judges and constructing more court houses in all the counties. Photo / William Oeri

Kenya’s Judiciary is asking for additional Sh7 billion in funding to enable it recruit more judges to fill gaps expected to result from the ongoing vetting of judges and magistrates.

Some of the new judges will be deployed to all 47 counties in preparation for election petitions that could arise after the coming General Elections, according to Kenya’s Judiciary Chief Registrar, Mrs Gladys Shollei.

“With elections close by, a large number of petitions are expected,” she said, addressing journalists on Monday at a breakfast meeting in Nairobi.

“They (petitions) must be dispensed with in six months. Petitions must be heard at the High Court within the county, or its environs.”

The Treasury has placed a funding ceiling of Sh9.8 billion for the Judiciary in this year’s Budget. This is against a proposal by the judiciary for Sh16.8 billion, citing projects contained in its transformation plan.

“If the Judiciary does not obtain the requested funding we will be forced to cancel some of the contracts, putting the Judiciary Service Commission in an embarrassing situation,” she said.

The projects include the recruitment of more judges and technical and legal staff.

The Judiciary plans to increase the number of Judicial officers from 451 to 726 in the 2012/13 financial year, Mrs Shollei said.

The 16.8-billion budget proposal also caters for constructing and equipping court houses and offices in all counties, and installing Information Communication Technology equipment.

The plan is also to hire technical staff and legal researchers for every judge.

And for administration and improved judicial services, secretariats for the Judicial Service Commission, which hires judges, are to be constructed, Mrs Shollei said.

However, getting additional judges seems to be the priority; eight new judges are undergoing interviews to join the High Court on July 1, the registrar announced.

The Judicature Act, a law that caps the number of High Court judges at 70 and those of the Court of Appeal at 14 is also being reviewed to enable the additional recruitments. That will enable Kenya to have 150 judges, she said.

Last August, the Kenya’s judiciary hired 28 new judges for the High Court. Two months later, eight High Court judges were promoted to the Court of Appeal, creating a gap at the High Court.

The ongoing vetting of judges and magistrates has since felled four judges from the Court of Appeal. It could also result in a gap in the High Court, whose judges are now being vetted.

But Mrs Shollei is hopeful that Kenya Parliament will complete the review of the Judicature Act in time to remove the restrictions and allow Kenya to have 150 judges.