By Billy Mijungu
Judicial Resource Security should be a central commitment of the new Government in 2027.
For years, the idea of a Judicial Funding Floor has been proposed — with at least 1.5% of national revenue dedicated to judicial functions and the wider justice sector. Such a Justice Funding Compact would go a long way in enabling the Judiciary to discharge its mandate without fear or favour.
Financial security is institutional security. No budget for the Judiciary should be denied, withheld or manipulated because of the whims of individuals or factions within the State that may be displeased by decisions coming from the justice sector.
This is where Judicial Fiscal Sustainability becomes critical. A financially resilient Judiciary is better positioned to function effectively, independently and consistently. Kenya is an increasingly litigious society, but the jurisprudence emerging from virtually every division of the Judiciary is helping to create predictability, establish viable legal pathways and strengthen the rule of law. The State should therefore continue enabling — rather than constraining — this progress.
Judicial Budgetary Independence would further consolidate these gains. There is nothing inherently wrong with the three arms of Government agreeing on a minimum funding floor and appropriate allocation mechanisms that promote predictability, accountability and efficiency. Adequate financing is not a privilege for the Judiciary; it is an investment in access to justice and institutional effectiveness.
The model should therefore be one where the National Government guarantees a minimum, predictable and timely share of national revenue to the Judiciary through the Judiciary Fund. This would strengthen the constitutional principle of judicial independence and give practical meaning to the idea that the three arms of Government are genuinely co-equal.
Perhaps it is time to establish a Judicial Fiscal Guarantee Framework — a durable mechanism that protects the Judiciary from arbitrary financial pressure while maintaining appropriate accountability for public resources.
But institutional transformation must also be communicated.
Every Judicial officer should, in their own way, become an ambassador for the Judiciary — showcasing the reforms, innovations and transformation taking place within the institution. The public must understand the work being done to improve access to justice and strengthen the administration of justice.
For too long, presidential politics has placed enormous pressure on the Judiciary, particularly after every five-year electoral cycle, when the institution is required to help the country navigate politically charged disputes arising from chaotic or contested polling.
A strong Judiciary should not have to negotiate for its survival every five years.
Judicial Resource Security is therefore not about protecting judges from accountability. It is about protecting justice from political convenience.
The Government elected in 2027 should make this commitment.
