Judiciary needs Sh1bn for new judges

The Judiciary needs at least Sh1 billion to cater for the 34 judges who were appointed in June last year.

The amount is part of the Sh4 billion in supplementary estimates for the 2021/22 financial year that Chief Registrar of Judiciary (CRJ) Anne Amadi has presented to the National Assembly for approval.

The Justice and Legal Affairs Committee (JLAC) of the National Assembly, which is chaired by Kangema MP Muturi Kigano, is considering the supplementary budget proposals.

In the current financial year, the Judiciary was allocated Sh17.8 billion, which Ms Amadi says is not enough to finance its operations.

The expenditure includes Sh451.3 million towards purchase of vehicles for the new judges, Sh340 million in taxable car allowances, Sh120 million mortgage, Sh70 million for fuel and vehicle maintenance and Sh60 million for medical cover.

“The additional funding is necessary to enable Judiciary function and deliver on its mandate as provided for in the constitution,” Ms Amadi told the committee.

By the time the judges were being appointed, the budget making process had been concluded. The Judicial Service Commission, however, invoked Article 223 of the constitution to ensure the judges get down to work.

The article provides that the national government may spend money that has not been allocated if the budgeted amount is insufficient or a need has arisen for expenditure for a purpose for which no amount had been allocated in the budget.

Other than catering for the new judges, the Judiciary requires Sh106.5 million in election-related expenses for special benches and the Supreme Court and Sh10 million in pro bono services for robbery with violence cases.

There is also Sh83.47 million in furniture, stationery, and file folders among others for the roll-out of small claims courts in the country.

“Robbery with violence attracts a death penalty. Without representation in court for those charged, lives could be jeopardised,” said Ms Amadi.

The mini budget also contains Sh108.1 million as facilitation expenses for the offices of the retired Chief Justices and Deputy Chief Justice, Sh50 million as office rent to decongest the Milimani Law Court building and Sh385 million for operations.

The country has two retired CJs under the 2010 constitution, Dr Willy Mutunga and Justice David Maraga. Ms Kalpana Rawal is the only retired Deputy Chief Justice under the 2010 constitution.

The pioneer DCJ Nancy Barasa resigned in October 2012 on the recommendations of the JSC after an incident in which she was cited for pinching the nose of a security guard at the Village Market in Nairobi.

She had been appointed to the office together with Dr Mutunga in June 2011.

“Upon scrutiny of the proposals, the committee observed that the Judiciary has numerous ongoing projects which lack adequate funds for their completion,” Mr Kigano said in the committee’s press release to the media.

Also included in the mini budget is the Sh1.14 billion in court awards arising from arbitration proceedings and Sh480 million to enhance case tracking system and digitization of the court proceedings and virtual courts.

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