The Judiciary Fund is finally operational since enactment of 2010 Constitution.
This is after the Treasury loaded Sh9 billion into the Fund which is the Judiciary’s half-year budget for 2022/2023.
The money includes both recurrent and development expenditure.
The Fund was among key priorities of Chief Justice Martha K. Koome when she assumed office. It has been established and operationalised with the support of the Executive, Legislature, the Central Bank of Kenya and Controller of Budget.
Operationalisation of the Judiciary Fund will aid in the planning and timely execution of operations and projects, and further eliminate previous challenges of delayed disbursements or budget cuts.
Even though the budgetary allocation sought by the Judiciary had not yet been met, the Fund is a crucial step in securing the financial independence of the institution.
Article 173 of the Constitution (2010) provides for the establishment of a fund “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.
“Upon approval by the National Assembly, the expenditure of the Judiciary shall be a charge on the Consolidated Fund and the funds shall be paid directly into the Judiciary Fund.”
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