Kenya’s courts seek Sh50.7 billion as election workload meets a funding squeeze

Kenya’s courts resolved more cases than they received in the 2025/26 financial year, but people attending a budget hearing in Kajiado still described disputes that drag on for years. Now the Judiciary is seeking Sh50.7 billion for 2027/28 to widen access to justice, tackle backlogs and prepare for disputes from the 2027 General Election, according to Nation Africa Kenya (direct).

The request faces a substantial funding constraint. Chief Registrar of the Judiciary Winfridah Mokaya said the proposal comprises Sh46.2 billion in recurrent spending—the cost of ongoing operations—and Sh4.5 billion for development. Yet the indicative budget ceiling, the provisional limit on funding, is Sh30.4 billion. The report puts the financing shortfall at approximately Sh20.4 billion, or 40.2% of the proposed budget.

Election preparations add to the pressure

Speaking at the public hearing on budgets for the Judiciary and the Judicial Service Commission (JSC), Mokaya said election-related disputes would increase the courts’ workload. She argued that sufficient resources were needed to settle those disputes and uphold the rule of law during the electoral period. The JSC has a separate Sh1.833 billion proposal against an indicative allocation of Sh1.038 billion, leaving a Sh795 million gap, or 43%.

Mokaya said adequate funding was essential for the Judiciary to meet growing demand for timely, accessible justice.

The consultations also expose the everyday cost of limited court capacity. Mokaya said earlier hearings had highlighted delays, accumulated cases, long journeys to court and demand for more court locations. Participants in Kajiado raised similar concerns, including inadequate rural court coverage and corruption. Mokaya said the consultations were intended to help shape spending priorities around the needs of court users, rather than simply fulfil a constitutional requirement.

More courts and staff, but needs keep growing

Expansion is already under way. Courts in Yala, Khwisero, Nyakach and Chepkemel became operational during the last financial year, with nine more scheduled for the current one. Two Court of Appeal stations have been established in Kakamega and Meru. Magistrates’ Courts have increased from 143 to 148, while Small Claims Courts have grown from 40 to 55. Mokaya said the JSC recruited 1,182 judicial staff, 124 additional magistrates and 53 judges over the past year.

Those additions accompany measurable progress in clearing cases. Mokaya said the Judiciary resolved 576,162 cases in 2025/26, compared with 561,580 new filings. That produced a 103% clearance rate, meaning completed cases exceeded incoming ones. The Mahakama Popote initiative, which assigns judicial capacity remotely to courts with heavy caseloads, helped resolve 22,516 matters during the last financial year.

Succession cases are another priority. The process from filing to publication in the official gazette has been automated through the Case Tracking System and Urithi Portal, integrated with Government Printers. Targeted initiatives are also seeking to speed up uncontested succession cases. Finance Director Beatrice Kamau said demand for judicial services still exceeded available resources; additional money would support technology, cybersecurity, new courts and the expanding workforce.

The next test is how much of the proposed spending receives funding. As consultations continue across Kenya, the gap between the courts’ request and their indicative ceiling remains central to plans for service expansion and election-dispute preparations.