The National Assembly Departmental Committee on Justice and Legal Affairs led by Tharaka MP, Hon George Murugara has called on Ministries, Departments and Agencies (MDAs) under its purview to implement austerity measures in the light of tough economic times.
This follows the Committee's meeting with MDAs on the 2025/2026 Budget Policy Statements
Among the agencies whose budget came to focus was the Judiciary and the Judicial Service Commission whose funding has been reduced.
Chief Registrar of the Judiciary, Hon. Winfridah Mokaya informed the Committee that the Judiciary had received an approved allocation of Kshs 24.8 Billion, against a resource requirement of Kshs 40 Billion thus leaving a funding gap of Kshs 15.1 Billion.
The Judicial Service Commission (JSC) on the other hand received an approved allocation of Kshs 812 Million against a resource requirement of Kshs 1.1 Billion. This means the JSC has a resource gap of Kshs 1.1 Billion.
The registrar noted that the funding gap would affect the Judiciary’s effectiveness in delivering its mandate pointing out the need to hire Court of Appeal Judges as a way of clearing an overwhelming amount of Appeal cases.
“If you note in the previous budgets, we had been allocated Kshs 130 Million to hire 11 court of appeal judges, but this has however been slashed. Currently the court of appeal is looking at a case log of about 13,000 pending appeal cases with only 29 Judges to handle them” stated Hon Mokaya.
Also questioned on their budgetary outlay was the Independent Electoral and Boundaries Commission (IEBC), whose Deputy CEO, Mr. Obadiah Keitany had to face several questions on pressing matters in their expenditures.
Among the areas of concern to the Members was the conducting of elections in 14 electoral units across the country which had stalled due to expiration of terms of the IEBC Commissioners.
A Selection panel is currently in the process of reviewing candidates for the board positions and their assumption of office is expected to occur in the next 6 months according to Mr. Keitany.
Questions arose as the IEBC had failed to make budgetary allocation for the by-election nor present an intended strategic planning in carrying out the process.
Mr. Keitany however informed the Committee that funds could only be sourced once a by-election is declared, further indicating that only a sitting commission had the authority to do so.
Members also queried the process of preparation of the next general elections with budgetary allocations sought for the process of delimitation of boundaries and for the purchase of Kenya Integrated Elections Management System (KIEMS) kits.
The Committee heard that the Commission intended to phase away 45,000 KIEMS kit as the technology is considered obsolete after 10 years of use. The Kits were purchased in 2014.
The Committee Members were however not convinced on the value for money of the Kits and the economic strain that elections are having on the taxpayer.
“What is the value of replacing these kits and is the cost of replacing them so soon value for money on the tax payer? With the cost per voter being nearly Kshs 2000, conducting elections in this country is too high. We need to find a way of rationalizing it,” stated Committee Vice-Chairperson, Hon. Mwengi Mutuse.
The Committee also questioned the IEBC for failing to plan for pending bills of about Kshs 3.2 billion that had come up in past budgets where the committee had queried the sums owed to suppliers.
Rarieda MP, Hon. Otiende Amollo noted, “I have noted in your presentation that you have left out the matter of pending bills that that arose in the last budget cycle, what have you done and where do we stand on the exuberant fees that the committee had flagged?”
The Committee Chair directed the IEBC to furnish the Committee with a detailed breakdown of the pending Bills as well as a report on the retirement of the KEIMS kits before any further deliberations on additional allocation of funds would occur.
Other Agencies that appeared before the Committee were, the Registrar of Political Parties, the Office of the Director of Public Prosecution (ODPP), the Ethics and Anti-Corruption Commission (EACC), the Department of Justice, the Kenya National Commission on Human Rights (KNCHR), the Commission in Administrative Justice and the Witness Protection Agency.
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