Kenya’s judiciary is grappling with severe underfunding in the 2025/2026 national budget, receiving just Sh23.7 billion against its request for Sh40 billion—while Members of Parliament have allocated themselves Sh73 billion, more than three times the judiciary’s share.
The stark disparity threatens ongoing judicial reforms and access to justice across the country.
Budget Breakdown: Judiciary vs Parliament
Judiciary allocation: Sh23.7 billion (only 59% of its Sh40 billion request)
- Recurrent expenditure: Sh18.1 billion (salaries and operations)
- Development vote: Sh5.6 billion (court construction and automation)
Parliament’s self-allocation: Sh73 billion
Chief Justice Martha Koome had sought funds to hire over 100 judges and magistrates, clear a 1.2 million-case backlog, and build courts in 40 underserved counties. However, the current allocation offers just Sh1.1 billion for new hires—far short of what is needed.
- CJ Koome says judiciary sidelined in budget allocation
- Judiciary to hire 45 judges in major staffing boost
President William Ruto pledged in 2022 to increase judicial funding by Sh3 billion annually. Instead, allocations have stagnated:
- 2023/2024: Sh21.3 billion
- 2025/2026: Sh23.7 billion (an increase of just Sh2.4 billion)
In 2017, former Chief Justice David Maraga requested Sh19 billion to build courthouses in every county over ten years. He received just Sh1.9 billion, barely half the required amount.
The Impact of Underfunding
- Frozen recruitment: The Judicial Service Commission cancelled appellate judge hires in 2024 due to budget constraints.
- Infrastructure delays: Only 15% of planned mobile courts and 8 new High Court buildings will proceed.
- Case backlogs: The automation of court processes, critical to reducing delays, remains underfunded.
Despite the Judiciary Fund, established in 2022 to guarantee 2.5% of the national budget (equivalent to Sh25 billion annually), current allocations cover just 0.6% of Kenya’s Sh4.2 trillion budget.
Constitutional lawyer Linda Katiba warns:
“When MPs prioritise self-interest over justice, democracy weakens. The judiciary needs Sh40 billion just to function. This allocation cripples its constitutional mandate.”
Chief Justice Koome may now petition Parliament for supplementary funding. Meanwhile, 12 counties still lack functional High Courts, forcing citizens to travel over 300 kilometres for hearings.
In 2017, Justice Maraga stated asked the government to “give us 2.5% of the budget, and we’ll resolve cases in seven years.” Eight years later, that vision remains unfulfilled.
Key Stats:
- Sh23.7 billion – Judiciary’s 2025/2026 allocation
- Sh73 billion – Parliament’s self-allocated funds
- 1.2 million – Pending court cases
- 40 counties – Lacking adequate court infrastructure
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