The Judicial Service Commission Wednesday suspended the planned recruitment of 11 Court of Appeal Judges citing budgetary constraints arising from the rejection of Finance Bill, 2024.
Chief Justice Martha Koome who is the JSC chairperson said they are in receipt of the National Treasury Circular No. 6/2024 dated June 28, 2024 communicating the curtailing of expenditure to 15% of the appropriated budget.
“The same limits expenditure to only critical and essential services. This directive has far-reaching consequences on the operations of the Judiciary and the JSC.”
“In this regard, we are compelled to make major adjustments to planned programs and activities. Regrettably, this has necessitated the decision by the JSC to suspend all pending recruitments including the 11 (eleven) Judges of the Court of Appeal which was scheduled to commence today (Wednesday),” she said.
President William Ruto declined to sign the bill following protests from the public. The bill was meant to enable the government collect Sh346 billion which was a gap in the budget.
Currently, the Court of Appeal has a total of 29 Judges serving in only six stations across the country which translates to nine benches at any given time.
CJ Koome said the court had a total of 13,331 pending cases as at May 2024.
To enhance access to justice and reduce the huge case backlog the JSC successfully pursued amendments to the Judicature Act, Cap 8 Laws of Kenya thereby increasing the maximum number of Judges in the Court of Appeal from 30 to 70.
On February 9, 2024 the Commission advertised 11 vacancies in the Office of Judge of the Court of Appeal aimed at substantially reducing the pending cases before the Court.
“Further, the tragic incident that led to the death of magistrate Monica Kivuti at the Makadara Law Courts has necessitated restructuring and reallocation of the budget to enhance security arrangements.”
This, she added, is intended to provide a safe environment for all users of our courts including members of the public.
The Judiciary will therefore require additional resources in the FY 2024/2025 to address these immediate concerns, she said.
CJ Koome added the administration of justice is the cornerstone of democracy and its effective functioning is critical in maintaining public order and respect for the rule of law.
“In exercising our mandate of advising the National Government on improving efficiency in the administration of justice, the JSC will engage Parliament and the Executive with a view to enhance and secure the Judiciary and the JSC budget.”
Of those who had been shortlisted, 32 are currently serving as Judges while nine are practicing lawyers.
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