Judiciary's budget cut undermines court's independence: group

What you need to know:

  • Chief Justice on August 9, this year asked for Sh5 billion to cater for development fund.
  • Civil Society Reference Group presiding convener Suba Churchill says Judiciary should not be compelled to seek funds from external sources.

A civil society group has called on the Executive and Parliament to urgently address Judiciary's budget hole, warning the trimming if not reversed risks undermining the independence of the courts.

“The Executive and legislative arms of government must move with speed and find ways of ensuring that the Judicial arm is sufficiently funded and resourced to play its role in the dispensation of justice and the ongoing fight against corruption,” said Civil Society Reference Group (CSRG) presiding convener Suba Churchill.

CSRG is the umbrella network of local and international non-governmental and civil society organisations operating in Kenya.

DEVELOPMENT FUND

Mr Churchill’s call follows Chief Justice David Maraga’s reiteration of the importance of a well-funded Judiciary at a Law Society of Kenya (LSK) conference in Kwale County on August 9, 2018, where he asked for Sh5 billion development fund as to the Sh500 million they have been allocated this financial year.

CSRG said funding of the Judiciary, which renders sensitive and important cases, should not come from other sources other than the Consolidated Fund.

If this were to happen, he said, there would be no guarantee that the Judiciary would remain independent and faithful to the dictates of its calling and the principles of justice as provided for in Article 159 of the Constitution.

He said that such independence can only be guaranteed if judges are not reduced to beggars operating on shoe-string budgets that cannot ensure more courts are built and enough judicial officers are recruited to meet the growing demand for justice.

“We fear that the recent drastic reduction of the budget of the Judiciary will put in jeopardy the capacity and independence of this crucial arm of the government to fairly handle the increasing number of cases of corruption that are being put before it alongside other disputes that are already ongoing,” he said.

MALICE

Mr Churchill read malice in the massive budget reduction, claiming that it is an ‘attempt by the Executive and legislature to intimidate and blackmail the Judiciary for some of its decisions.

“If indeed the government was putting in place austerity measures due to hard economic times, such measures ought to have been applied uniformly and fairly across the board so that all arms and departments of the government also suffer their share of the pain,” he said.

“It would be a matter of great public concern if it turns out that the reason for the massive reduction of the budgetary allocation to the Judiciary from Sh17.3 billion to Sh14.5 billion is to punish it for some of the politically unpalatable decisions,” said Mr Churchill.