The Judiciary has warned that it is facing a huge financial deficit that is likely to hamper access to justice. There is also concern that this budget shortfall could compromise the Judiciary’s ability to properly handle disputes arising from next year’s General Election. This will, of course, substantially increase the workload.
A Sh50.7 billion budget is being sought for the 2025/26 financial year to expand access to justice by, among other measures, reducing case backlogs. The Judiciary requires Sh46.2 billion for recurrent expenditure and Sh4.5 billion for development.
The current ceiling stands at Sh30.4 billion, leaving a financing gap of Sh20.4 billion or 40.2 per cent of its proposed budget. The deficit threatens to compromise the Judiciary’s constitutional mandate by significantly disrupting access to justice.
Challenges such as corruption, administrative inefficiency and judicial inertia are widely recognised as the causes of the case backlogs, which, together with financial constraints, stall the delivery of justice.
While a lack of funding adversely affects infrastructure and staffing, the management of existing resources and the accountability of judicial officers play a critical role in determining the success or failure of a legal system.
Judicial officers taking frequent or unannounced leave and general laziness cause avoidable delays. Whenever judges or magistrates fail to sit consistently, scheduled hearings are repeatedly pushed back, compounding the endemic case backlog.
Corruption destroys the core of institutional integrity. When case files mysteriously vanish, dates are altered, or rulings are influenced by external interests rather than legal merit, this undermines the entire system and forces parties into lengthy appeals or procedural loops.
A lack of strict oversight enables the stalling of proceedings without consequences. To enhance the delivery of justice and tackle case backlogs, the Judiciary must look beyond financial constraints and seriously address systemic and integrity issues.
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