The National Assembly’s Departmental Committee on Justice and Legal Affairs, chaired by Tharaka MP Hon. George Murugara, has called on Ministries, Departments, and Agencies (MDAs) under its purview to adopt austerity measures in response to prevailing economic challenges.
This directive follows the Committee’s meeting with MDAs on the 2025/2026 Budget Policy Statements, where significant budgetary concerns were raised. Among the most affected institutions were the Judiciary and the Judicial Service Commission (JSC), both of which have seen notable reductions in their funding.
Judiciary Faces Kshs 15.1 Billion Shortfall
Chief Registrar of the Judiciary, Hon. Winfridah Mokaya, informed the Committee that the Judiciary had been allocated Kshs 24.8 billion, falling far short of its Kshs 40 billion requirement—leaving a funding gap of Kshs 15.1 billion. Mokaya warned that this shortfall would severely impact the Judiciary’s efficiency, particularly in clearing the backlog of cases.
A key concern is the urgent need to hire more Court of Appeal judges. Mokaya highlighted that a previous allocation of Kshs 130 million meant for hiring 11 judges had been scrapped, leaving just 29 judges to handle approximately 13,000 pending appeals.
Similarly, the JSC’s budget was slashed to Kshs 812 million against a required Kshs 1.1 billion, creating a resource gap of Kshs 1.1 billion.
IEBC Budget Scrutiny
The Independent Electoral and Boundaries Commission (IEBC) also came under scrutiny, with Deputy CEO Mr. Obadiah Keitany facing tough questions on its expenditure.
One major issue was the stalled by-elections in 14 electoral units due to the expiry of IEBC Commissioners’ terms. Keitany informed the Committee that a selection panel is in the process of appointing new commissioners, with their assumption of office expected within six months. However, MPs raised concerns that the IEBC had neither allocated funds for the by-elections nor presented a clear strategic plan for conducting them.
Keitany explained that funds for by-elections could only be sourced after their official declaration and that only a sitting commission had the authority to make such decisions.
Costly Election Technology Under Question
The Committee also examined the IEBC’s preparations for the next general elections, particularly its request for funding to delimit electoral boundaries and replace the Kenya Integrated Elections Management System (KIEMS) kits.
The Commission plans to phase out 45,000 KIEMS kits, which were purchased in 2014 and are now considered obsolete. However, MPs expressed skepticism over the cost implications of replacing them.
Committee Vice-Chairperson Hon. Mwengi Mutuse questioned whether the replacement was a prudent use of taxpayers’ money, given the high cost of elections in Kenya. “With the cost per voter at nearly Kshs 2,000, conducting elections in this country is too expensive. We need to find ways to rationalize these costs,” he stated.
Pending Bills and Accountability
Lawmakers also pressed the IEBC on the issue of pending bills amounting to Kshs 3.2 billion from previous budget cycles. Rarieda MP Hon. Otiende Amollo criticized the Commission for failing to account for these outstanding debts, saying, “Your presentation has completely ignored the issue of pending bills flagged in the last budget. Where do we stand on the exorbitant fees owed to suppliers?”
In response, the Committee Chair directed the IEBC to provide a detailed breakdown of pending bills and a report on the planned retirement of KIEMS kits before any further deliberations on additional funding.
Other agencies that appeared before the Committee included the Registrar of Political Parties, the Office of the Director of Public Prosecutions (ODPP), the Ethics and Anti-Corruption Commission (EACC), the Department of Justice, the Kenya National Commission on Human Rights (KNCHR), the Commission on Administrative Justice, and the Witness Protection Agency.
