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Kenya: Judiciary Fund to Be Operationalized By July 1

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Nairobi — The Judiciary Fund, a constitutionally-mandated kitty designed to promote the independence of courts and its officials, could become operational by July 1.

Chief Justice Martha Koome on Thursday revealed that progress had been made towards the operationalization of the Fund adding the Judiciary had received necessary support from sister arms of government.

“With the support of the Executive, Legislature, the Central Bank of Kenya and Controller of Budget, the process to operationalize the Judiciary Fund is well advanced.

The understanding is that Judiciary’s resources for the FY 2022/2023 will be loaded into an operational Judiciary Fund,” Koome said during a meeting with National Assembly’s Justice and Legal Affairs Committee, Public Accounts Commitee and Budget and Appropriations Commitee in Mombasa.

Article 173 of the Constitution (2010) provides for the establishment of a a kitty “to be known as the Judiciary Fund which shall be administered by the Chief Registrar of the Judiciary.”

“The Fund shall be used for administrative expenses of the Judiciary and such other purposes as may be necessary for the discharge of the functions of the Judiciary,” Article 173 (2) reads.

The Constitution also requires Parliament to enact laws to regulate the Fund.

Under the framework outlined in Article 173, the Chief Registrar will be required in every financial year to prepare estimates of expenditure for the following year, and submit them to the National Assembly for approval.