Judiciary Returns Sh520m in Unused Development Funds Amid Budget Constraints

The Judiciary failed to utilize Sh520 million allocated for development projects in the 2023/24 financial year, raising concerns over delayed implementation of key infrastructure upgrades and modernization efforts within the justice sector.

 According to data from the latest budget implementation report by the Controller of Budget, the funds were returned to the National Treasury after remaining unspent at the close of the fiscal year in June.

The unutilized funds represent a significant portion of the Judiciary’s development budget, which was meant to support construction of new court buildings, rehabilitation of existing facilities, and the rollout of digital systems to enhance access to justice.

The report cited procurement delays, administrative bottlenecks, and slow absorption rates as key reasons for the under-expenditure. In particular, several projects were hampered by prolonged tendering processes and late disbursement of funds, which stalled their commencement or implementation.

The lapse in fund absorption comes at a time when the Judiciary has consistently highlighted underfunding as a major challenge in delivering timely and effective justice. Chief Justice Martha Koome has repeatedly called for increased budgetary support to address infrastructural deficits, particularly in rural and underserved areas, where residents often travel long distances to access court services.

The development budget shortfall now adds to concerns over whether the Judiciary can effectively implement its Strategic Plan and Vision 2027, which outlines a series of reforms aimed at improving judicial efficiency.

The return of the Sh520 million also raises accountability questions, especially amid broader fiscal pressures facing the government. While recurrent expenditure in the Judiciary was almost fully utilized, the underperformance in the development vote could prompt scrutiny from oversight bodies such as Parliament’s Public Accounts Committee and the Auditor-General’s office.

As the new financial year begins, stakeholders are calling for better planning, faster procurement processes, and closer monitoring of development projects to ensure allocated resources translate into tangible improvements in the justice system.

Written By Ian Maleve