The Judicial Service Commission (JSC) has suspended all planned hirings including the recruitment of 11 judges of the Court of Appeal citing budget constraints.
In a statement, the JSC explained that the National Treasury asked it to reduce its expenditure to 15% of the appropriated budget.
JSC stated that it will be forced to prioritize its spending, focusing on the most necessary and vital functions and services that it provides.
“This directive has far-reaching consequences on the operations of the Judiciary and the JSC. In this regard, we are compelled to make major adjustments to planned programs and activities.
“Regrettably, this has necessitated the decision by the JSC to suspend all pending recruitments including the 11 (eleven) Judges of the Court of Appeal which was scheduled to commence today,” the statement reads in part.
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JSC Explains how Court of Appel is Most Affected
Further, JSC boss Chief Justice Martha Koome has highlighted that the court of appeal already understaffed explaining that the move will only lead to a continuous delay in handling of cases.
“Currently, the Court of Appeal has a total of 29 Judges serving in only six stations across the country which translates to 9 benches at any given time,” added JSC.
Additionally, the commission explained that it had fought for amendments to ensure an increase of the judged because of a huge backlog of cases.
At the same time, it had directed some of its resources towards security arrangements in courts following the shooting incident at Makadara law courts.
Therefore, there could be delays in various judicial processes and services that are considered non-essential because of the reduced budget.
“To enhance access to justice and reduce the huge case backlog the JSC successfully pursued amendments to the Judicature Act, Cap 8 Laws of Kenya thereby increasing the maximum number of Judges in the Court of Appeal from 30 to 70.
“On 9th February 2024 the Commission advertised 11 vacancies in the Office of Judge of the Court of Appeal aimed at substantially reducing the pending cases before the Court.
“Further, the tragic incident that led to the death of Hon. Monica Kivuti at the Makadara Law Courts has necessitated restructuring and reallocation of the budget to enhance security arrangements,” noted the statement.
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Judiciary on Required Budget Reforms
Earlier, the judiciary made its case on necessary reforms to the budget allocation process to ensure smooth operations.
JSC indicated that despite budget increases in subsequent years, allocations have consistently fallen short of actual requirements.
For instance, in 2022/23 Judiciary was allocated Ksh21.1 billion, instead of the required Ksh39.6 billion, recording a shortfall of Ksh18.5 billion (46%).
Also, in 2024/25 financial year, the projected requirement was Ksh44.9 billion and the expected allocation is Ksh22.8 billion, a shortfall of Sh22.1 billion (49%).
According to the proposal, one judge requires Ksh100 million for the financial year, meaning that a budget of Ksh50.3 billion is required for the 208 judges and 590 judicial officers.
At the same time, the cost for handing one case is Ksh125,750, therefore, the judiciary requires Ksh75 billion to handle the 600,000 pending cases.
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