The Judiciary and the Independent Electoral and Boundaries Commission (IEBC) both claim to have been underfunded by the Treasury.
The Judiciary has requested Sh50.7 billion for the 2027/28 financial year. However, its indicative maximum budget is only Sh30.4 billion, leaving a funding gap of approximately Sh20.3 billion, equivalent to about 40% of its requested budget.
Chief Registrar Winfridah Mokaya stated that the Judiciary requires additional resources to prepare for the election year. Chief Justice Martha Koome also announced an eight-month training programme for more than 400 judges and judicial officers to prepare them to handle election disputes.
The IEBC is requesting Sh74.8 billion for the electoral cycle. However, it has been allocated Sh41.3 billion, leaving a funding gap of Sh33.5 billion. The commission attributes the higher request to an increase in registered voters to 28.5 million and the need to replace 45,000 outdated election kits.
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However, the rising cost estimates have drawn scrutiny, with the budget increasing from Sh57 billion to Sh61 billion, then Sh63.9 billion before finally reaching Sh74.8 billion. MPs questioned why the budget had become a “moving target”.
Both requests must be considered against the backdrop of a constrained fiscal environment. The Treasury projects that public debt will reach 65.6% of GDP in 2026, above the government’s benchmark of 55%. Kenya also faces a high risk of debt distress.
Interest payments account for more than 25% of the budget, while the Budget Committee highlighted that revenue collections had fallen Sh148 billion short of budget projections by December 2025. Although both institutions face funding shortfalls, their requests serve different purposes and should be assessed against their respective operational requirements and the risks associated with underfunding.
The Judiciary has raised concerns about whether it will be able to resolve election petitions in a timely manner with the tight budget. The IEBC, meanwhile, is concerned that it may have to reduce staffing and investment in technology.
Its chairperson, Erastus Ethekon, has warned that a lower allocation could result in fewer officers at polling stations and tallying centres. The Treasury and Parliament will need to weigh these operational risks against the country’s debt burden and limited fiscal space.
– By John Murunga
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