Kenyan judiciary is shutting down with most cases suspended from proceeding due to “lack of funds” in a matter that has been seen as the Executive’s way of wanting to put Judiciary under control.
“Due to Judiciary budget cut, we have been unable to facilitate the three-Judge Bench scheduled for 28th October of 2018,” read a notice to all advocates and litigants from the Deputy Registrar in Nakuru.
It is not known when the three-judge bench will be constituted and sit with the registrar telling the parties involved that they will be informed: “when the decision is made.”
“The National Treasury has reduced our budget by 50 percent. Consequently, we are unable to conduct our sittings from October to December. This is in reference to a Memo from Chief Registrar of the Judiciary…” read part of the memo sent by the National Environment Tribunal advocates, litigants and members of the public.
Another Memo from National Civil Aviation Administrative Review Tribunal screamed, “Subject to the 50 percent budgetary cut, we wish to notify you that the National Civil Aviation Administrative Review Tribunal (NCAART) will not be sitting starting effective October 2019 to December 2019.”
“We shall revisit”
The shutting down of the sittings in courts brings back the memories of “we shall revisit.” These were the words of President Uhuru Kenya, directed to the Judiciary after the overturned his reelection in 2017.
Analysts now feel that the government is using budgetary cuts to frustrate the Judiciary and force it into submission and doing what the Executive arm of government wants.
“Very shocking that parliament isn’t debating as a matter of grave national importance the closure of courts because the executive has stopped funding the Judiciary. Isn’t this deafening silence a direct consequence of the handshake?” said lawyer Ahmednasir Abdullahi through his Twitter handle.
“Litigation advocates have been sent on compulsory leave by the Judiciary budget cuts and join children for early Dec (sic) vacation unless Treasury reverses the order,” said Omwanza Ombati.