A severe financial crisis is jeopardizing the delivery of justice in Kenya, with the Judiciary grappling with a funding shortfall of between KSh 20.75 billion and KSh 43 billion. The latest State of the Judiciary and the Administration of Justice 2023-24 report highlights stalled projects, rising case backlogs, and deepening debt.
The report, presented in the Senate by Majority Leader Aaron Cheruiyot, reveals that pending bills have grown to KSh 811.17 million, up from KSh 608.07 million the previous year. Development and recurrent bills account for KSh 410.01 million and KSh 331.92 million, respectively, while court and arbitration awards total KSh 69.24 million. These challenges stem from delayed exchequer releases.
The Judiciary operates on a budget of KSh 40,700 per case, far below the optimal cost of KSh 125,750. To handle the 516,121 cases filed in the 2023-24 financial year effectively, an allocation of KSh 64 billion would have been required. However, only KSh 22.42 billion was provided, leaving a significant funding gap.
The underfunding has caused the stalling of critical projects, including the Judiciary’s digital strategy (KSh 2.35 billion), court-annexed mediation (KSh 418 million), and the establishment of new courts and small claims courts (KSh 907 million). A cut in the development budget from KSh 1.9 billion to KSh 1.4 billion has worsened the situation, while absorption rates dropped from 78% to 66%.
Case backlogs have risen by 1.2%, with pending cases increasing from 625,643 to 649,310. Factors include insufficient judicial officers and a rising caseload. The report notes that filings have grown steadily, from 402,243 in 2017-18 to 516,121 in 2023-24. Meanwhile, the Judiciary’s Judiciary Service Week, circuits, and pro bono services, requiring KSh 301 million, remain underfunded.
Despite President William Ruto’s pledge to increase the Judiciary’s budget by KSh 3 billion annually, the institution has received only 0.92% of the national budget, well below the legally mandated 3%. Chief Justice Martha Koome has frequently cited underfunding as a barrier to operations, even suspending the hiring of Court of Appeal judges due to budget cuts.
The report also highlights achievements, including resolving 509,664 of the 516,121 cases filed during the year, achieving a clearance rate of 99%. There were increases in resolved criminal cases (14%) and civil cases (32%), though the rising backlog continues to strain the institution.
