Courts want Sh50.7 billion to prepare for 2027 polls, reduce backlogs

By  Stanley Ngotho

Contributor

Nation Media Group

The Judiciary has proposed a Sh50.7 billion budget for the 2027/28 financial year to expand access to justice, reduce case backlogs and prepare for possible disputes arising from the 2027 General Election.

Despite the strides made over the years to improve judicial services, financial constraints remain a major setback to the effective delivery of justice.

Speaking in Kajiado during a public hearing on the proposed 2027/28 budget for the Judicial Service Commission (JSC) and the Judiciary, Chief Registrar of the Judiciary Winfridah Mokaya said the Judiciary requires Sh46.2 billion for recurrent expenditure and Sh4.5 billion for development expenditure.

She said 2027 being a General Election year would increase the Judiciary’s workload, particularly in resolving disputes arising from the polls.

“The 2027/28 financial year will also coincide with the 2027 General Election, increasing the Judiciary’s need for resources to handle election-related disputes. The Judiciary would require adequate support to discharge its constitutional role in resolving disputes and protecting the rule of law during the electoral period,” Ms Mokaya said.

However, the Judiciary’s indicative budget ceiling stands at Sh30.4 billion, leaving a financing gap of approximately Sh20.4 billion, equivalent to 40.2 per cent of its proposed budget.

The JSC has separately proposed a budget of Sh1.833 billion for the same financial year against an indicative allocation of Sh1.038 billion, leaving a financing gap of Sh795 million, or 43 per cent.

Ms Mokaya said adequate funding was critical to ensuring the Judiciary responds to the growing demand for timely and accessible justice.

She said the budget consultations being rolled out across the country were not merely a constitutional requirement, but also an opportunity for the Judiciary to receive feedback from court users and align its priorities with the justice needs of Kenyans.

“We recognise that the justice we dispense cannot serve its purpose if it is not responsive to the needs of its intended consumers. The core of this discussion is not simply about figures and budgets but about the effectiveness of our services. Behind every budget allocation is a citizen seeking justice, a family seeking the resolution of a dispute, a survivor seeking protection, a child requiring a safe and responsive justice system or a Kenyan looking to the rule of law for protection and certainty,” Ms Mokaya said.

Ms Mokaya said previous public hearings had identified case backlogs, delays in resolving cases, long distances to courts and the need for more courts as some of the major challenges facing court users.

She said the Judiciary had consequently expanded its physical presence across the country.

During the last financial year, the Judiciary operationalised law courts in Yala, Khwisero, Nyakach and Chepkemel, while nine more courts are lined up for operationalisation in the current financial year.

The Judiciary has also established two new Court of Appeal stations in Kakamega and Meru, while the number of Magistrates’ Courts has increased from 143 to 148. Small Claims Courts have increased from 40 to 55.

On human resources, Ms Mokaya said the JSC had recruited 1,182 judicial staff, 124 additional magistrates and 53 judges over the past year.

The judges recruited included one Supreme Court judge, 15 Court of Appeal judges, 24 High Court judges and 13 Environment and Land Court judges.

During the 2025/26 financial year, the Judiciary resolved 576,162 cases against 561,580 new cases filed, recording a case clearance rate of 103 per cent, Ms Mokaya said.

She added that the Judiciary had prioritised succession cases, which affect families across the country.

The entire succession process from filing to gazettement has been automated through the Case Tracking System and the Urithi Portal, which is integrated with the Government Printers.

The Judiciary is also conducting Rapid Results Initiatives targeting uncontested succession cases in courts across the country in an effort to accelerate their resolution.

Ms Mokaya said the Mahakama Popote initiative, which virtually deploys judicial capacity to court stations experiencing high caseloads, had helped resolve 22,516 matters during the last financial year.

Judiciary Director of Finance Beatrice Kamau said demand for judicial services continued to outpace available resources despite the billions of shillings the Judiciary channels into the economy.

She said additional funding would be used to expand technological capabilities, operationalise new courts, strengthen cybersecurity, support the growing workforce and respond to emerging justice needs.

However, members of the public who spoke during the hearing highlighted persistent challenges, including cases that take years to resolve, inadequate courts, particularly in rural areas, and corruption.

Environment and Land Court member, Kajiado County Alternative Justice Systems (AJS) secretary and Children’s Court chief magistrate member Rashid Mzee challenged the Judiciary to equip the lactating mothers’ room at Kajiado Law Court and install CCTV cameras to enhance security within the court precincts.

The AJS also urged the Judiciary to introduce stipends for its members, citing the workload they undertake on a voluntary basis.

“We have a room well designed for lactating mothers in the building, but it needs to be equipped. We also need the entire court building to be fitted with CCTV cameras to enhance security,” Mr Mzee said.

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