NAIROBI, Kenya – The Judiciary failed to utilize over Sh520 million in development funds during the 2023/2024 financial year, an audit by the Auditor-General has revealed, raising fresh questions about the institution’s internal efficiency amid persistent complaints of underfunding.
In a report tabled before Parliament, Auditor-General Nancy Gathungu faulted the Judiciary for underutilizing 33 per cent of its Sh1.45 billion development budget, citing internal procurement delays, slow certification of works, and failure by contractors to resume stalled projects—some halted due to rising construction costs.
“The statement of comparison of budget and actual amounts for development funds reflects the final budget of Sh1.45 billion and an actual expenditure of Sh929.56 million, resulting in under-utilisation by Sh520.4 million,” the audit report states.
The report further criticises the Judiciary for failing to document any measures taken to address the challenges, casting doubt on the timely delivery of its justice infrastructure projects.
“In the circumstances, the effectiveness of the Judiciary’s programme aimed at providing critical infrastructure for social transformation through enhanced access to justice may be delayed,” Gathungu warned.
Judiciary Under Pressure Over Budget Management
The revelations come despite repeated complaints from the Judiciary that the National Treasury allocates it less than half of its required annual funding, a shortfall it says is crippling court operations and delaying justice delivery.
In previous public statements, the Judiciary warned that funding constraints had already affected:
- Construction of new court buildings,
- Facilitation of court benches and service weeks,
- Rollout of small claims courts,
- Support for the national pro bono scheme.
“This shortfall has grossly affected the implementation of critical programmes such as the operationalization of new courts. Out of 22 court stations gazetted in the last medium-term expenditure framework, only six have been operationalized,” the Judiciary previously stated.
Major Projects in Limbo
The underutilised development funds were earmarked for key projects including:
- Construction of a new Supreme Court building,
- A Court of Appeal Complex,
- 15 magistrates’ court buildings,
- 20 small claims courts,
- Four tribunal sub-registries to expand access to justice nationwide.
Parliament had also approved a separate Sh1.2 billion allocation in June 2023 for the Judiciary to purchase a building in Upper Hill, Nairobi, to house additional judges and ease overcrowding, following an increase in judicial appointments.
Despite these ambitious plans, the Auditor-General’s report raises serious concerns about the institution’s capacity to absorb and manage its own budget effectively—risks that could undermine broader efforts to improve the rule of law and reduce case backlogs.
