Judicial Fund for July Launch

By SAM KIPLAGAT
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Summary

• Courts will finally begin operating the Judicial Fund in July, a move that will end the struggle between the executive and the judiciary over its implementation.
• Finance Minister Ukur Yatani said the necessary procedures for running the fund have been put in place.

Courts will finally begin operating the Judicial Fund in July, a move that will end the struggle between the executive and the judiciary over its implementation.

Finance Minister Ukur Yatani said the necessary procedures for running the fund have been put in place.

Article 173 of the constitution established the fund, which will be administered by the Chief Registrar of the Judiciary, to cover the administrative costs of the courts.

In 2016, the Judicial Fund Act was passed to allow the judiciary to withhold money that may arise from investments, court fees and levies. Failure to implement the fund has forced the judiciary to relinquish cash from court fees and fines to the treasury every year.

Its implementation has slowed down over the years due to a lack of an account and regulations to guide its operations.

In 2020, then Chief Justice David Maraga rejected calls from the Governor of the Central Bank of Kenya, Patrick Njoroge, to seek Treasury approval to open the fund’s account. dr. Njoroge then instructed the judiciary to cooperate with the Treasury and the budget controller as required by the Public Finance Management Act.

However, Justice Maraga said that no cabinet secretary controls the affairs of the judiciary or parliament because they are independent institutions.

Mr Yatani said yesterday that the law and regulations for the judicial fund have been passed and bank accounts for the fund have been opened at CBK. “…IFMIS has been enhanced to enable operations of the Judiciary Fund,” the CS said.

He said the Fund will be fully operational from July 1.

The judiciary has argued for the operationalization of the Fund in order to finance its activities and to be financially independent.

The former ECJ had said that financial autonomy is a crucial aspect of the independence of the judiciary and “to effectively carry out its mandate, the judiciary needs financial autonomy”.

dr. Njoroge had also written to the judiciary asking for mechanisms to clarify matters related to budgeting, financing, expenditure, controls, monitoring, reporting and auditing of the account, to meet the requirements of the regulations of the to replenish the judicial fund.

But Justice Maraga said that all the concerns raised by Dr. Njoroge have been adequately addressed in the Constitution, PFM Act and Judicial Fund Act. “We therefore look forward to you facilitating the opening of the account without further delay,” Judge Maraga had said.