The Judiciary has won its first-round after High Court suspended a treasury order to slash the Judiciary Budget. Justice James Makau ordered Treasury to maintain the original KSh 14.5 billion set aside for Judiciary.
In September, Treasury issued a circular which reduced finances for Judiciary by KSh 3 billion. As a result, the Judiciary suspended tribunals across the country, citing a lack of funds.
“National Treasury CS and his agents restrained from implementing circular No.14 A dated 24 September or issuing any other unwarranted directive with the same effect on the judiciary budget,” the order reads.
The Law Society of Kenya earlier filed a case arguing that Treasury was acting ultra vires. LSK posits that once the National Assembly approves the Judiciary’s Chief Registrar’s budget, then the matter is final. Moreover, the law society argues that Treasury did not engage relevant officials before implementing the circular.
On 16 October, Treasury issued a notice to Cabinet Secretaries and accounting officers on guidelines for the preparation of the next financial year. Citing underperformance in revenue collection, Yattani proposed drastic cuts on recurrent and development expenditures.
High court will hear the case on November 6 and provide further direction.
