Judiciary Fund

 

As noted elsewhere in this discussion the judiciary in Kenya has for decades operated under the shackles of the executive "where the administrative bureaucracy of the judiciary ........ was, for a long time part of the executive." (Sihanya, 2011).  By providing for a fund for the Judiciary, the New Constitution ensures the independence of this arm of government to control its own budget and administer its internal structures and bureaucracy. Chapter 10 Part 4, Article 173:

173. (1) There is established a fund to be known as the Judiciary Fund which shall be administered by the Chief Registrar of the Judiciary.
(2) The Fund shall be used for administrative expenses of the Judiciary and such other purposes as may be necessary for the discharge of the functions of the Judiciary.

The reader is reminded at this point that the salaries and remunerations of Judges are paid from the Consolidated Fund and not from the Judiciary Fund; ostensibly to strengthen their independence.

The Judiciary will originate its estimates and upon approval by the National Assembly will receive the money into its custody. The people of Kenya will determine how that money is spent via legislation enacted by the National Assembly, governing its use. As a money bill, the Senate will not play a direct role in the yearly approval process of the Fund's budget:

(3) Each financial year, the Chief Registrar shall prepare estimates of expenditure for the following year, and submit them to the National Assembly for approval.
(4) On approval of the estimates by the National Assembly, the expenditure of the Judiciary shall be a charge on the Consolidated Fund and the funds shall be paid directly into the Judiciary Fund.
(5) Parliament shall enact legislation to provide for the regulation of the Fund.

However, the Senate will get to play a part in the formulation of legislation governing the Fund as provided by clause (5) above. As an oversight body, it will also review the accounts of the Fund on a yearly basis. The reader will gain a better perspective on the place of this Fund in the larger ecosystem of National Funds by navigating to the Public Finance link.

Once again it is the Judicial Service Act, 2011 that provids for the regulation of the Judiciary Fund.

 

 

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