NAIROBI, Kenya – The Judiciary has warned that the 2027 General Election could significantly increase pressure on the courts at a time when the institution is facing a Sh20.4 billion funding gap against its proposed budget for the 2027/28 financial year.
The Judiciary is seeking Sh50.7 billion for the financial year, comprising Sh46.2 billion for recurrent expenditure and Sh4.5 billion for development.
However, its indicative budget ceiling has been set at Sh30.4 billion, leaving a shortfall of about Sh20.4 billion, equivalent to 40.2 per cent of the proposed allocation.
Speaking during a public hearing on the proposed budget for the Judicial Service Commission (JSC) and the Judiciary in Kajiado, Chief Registrar of the Judiciary Winfridah Mokaya said adequate funding would be critical in handling election-related disputes while maintaining access to justice.
Mokaya said the 2027/28 financial year would coincide with the General Election, increasing the Judiciary’s workload as it handles disputes arising from the electoral process.
“The 2027/28 financial year will also coincide with the 2027 General Election, increasing the Judiciary’s need for resources to handle election-related disputes,” Mokaya said.
She added that sufficient resources would be required for the Judiciary to discharge its constitutional mandate of resolving disputes and protecting the rule of law during the electoral period.
JSC Faces Separate Sh795 Million Gap
The JSC is also facing a funding shortfall after proposing Sh1.833 billion for the 2027/28 financial year against an indicative allocation of Sh1.038 billion.
The difference leaves the commission with a financing gap of Sh795 million, representing about 43 per cent of its proposed budget.
Mokaya said the additional resources were necessary to enable the Judiciary to respond to growing demand for timely and accessible justice.
She said the ongoing public hearings across the country were not only a constitutional requirement but also provided an opportunity for the Judiciary to listen to court users and align its plans with the needs of Kenyans.
She noted that the effectiveness of the justice system ultimately depends on its ability to respond to citizens seeking resolution of disputes, protection and certainty under the law.
Case Backlogs Remain A Key Concern
Previous public hearings identified case backlogs, delays in resolving disputes, long distances to courts and the need for additional courts as some of the main challenges facing court users.
The Judiciary has responded by expanding its presence across the country.
During the last financial year, law courts were operationalised in Yala, Khwisero, Nyakach and Chepkemel, while nine additional courts are planned for operationalisation during the current financial year.
The Judiciary has also established new Court of Appeal stations in Kakamega and Meru.
The number of Magistrates’ Courts has increased from 143 to 148, while Small Claims Courts have grown from 40 to 55.
Judiciary Recruits More Judges, Magistrates
Mokaya said the JSC recruited 1,182 judicial staff, 124 additional magistrates and 53 judges during the past year.
The new judges included one Supreme Court judge, 15 Court of Appeal judges, 24 High Court judges and 13 Environment and Land Court judges.
Despite the resource constraints, the Judiciary resolved 576,162 cases during the 2025/26 financial year against 561,580 new cases filed.
This resulted in a case clearance rate of 103 per cent, according to Mokaya.
She said the Judiciary had also prioritised succession cases, which continue to affect families across the country.
The succession process, from filing to gazettement, has been automated through the Case Tracking System and the Urithi Portal, which is integrated with Government Printers.
The Judiciary is also implementing Rapid Results Initiatives targeting uncontested succession cases in courts across the country to speed up their resolution.
Technology Used To Ease Court Pressure
Mokaya said the Mahakama Popote initiative, which virtually deploys judicial capacity to stations with high caseloads, helped resolve 22,516 matters during the last financial year.
Judiciary Director of Finance Beatrice Kamau said demand for judicial services continued to exceed available resources despite the billions of shillings the institution channels into the economy.
She said additional funding would help the Judiciary expand technology, operationalise new courts, strengthen cybersecurity, support its growing workforce and respond to emerging justice needs.
With the 2027 General Election expected to generate additional electoral disputes, the Judiciary says full funding of its proposed budget will be essential to ensure it can handle the anticipated workload while continuing to clear existing case backlogs and expand access to justice.
