Kenya: Court Stops Treasury From More Judiciary Budget Cuts

Judicial Service Commission member Macharia Njeru holds a press conference at the Supreme Court on July 22, 2019.
29 October 2019

High Court has stopped the Executive from implementing any further cuts in the Judiciary budget offering reprieve to the courts that have seen some shutdown over cash crunch.

Justice Makau Mutua Tuesday issued an order barring the National Treasury from slashing the Judiciary funds in a case in which the Law Society of Kenya sued the National Treasury and the Attorney General in protests over the budget cuts.

Justice Mutua further ordered the Judicial Service Commission to provide a detailed report as to how the budget cuts have affected its functions.

"Pending the hearing and determination of this case, an inductive order be and is hereby issued restraining the National Treasury, it's agents, officers or any persons from implementing a circular dated September 24 or issuing any unwarranted directive with the same effect on the Judiciary's budget," said Justice Makau.

DIRECTIVE

Acting Treasury Cabinet Secretary Ukur Yatani had announced austerity measures the government would take to cut recurrent expenditure by 50 percent.

Mr Yatani issued a circular to all Cabinet secretaries and accounting officers on the proposed drastic budgetary cuts as the Jubilee government seeks to fund the Big Four agenda amid a downturn in revenue collection.

The Judiciary had requested Sh31.2 billion to fund its operations but it was only allocated Sh17.3 billion.

The matter will be mentioned on November 6 for further directions.

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