The Judicial Service Commission (JSC) has been compelled to cancel the recently advertised vacancies for Superior Court judges due to financial constraints arising from government budget cuts.
In a public notice released on January 22, 2025, the JSC explained that the decision was driven by a significant reduction in the Judiciary’s allocated budget. The notice read in part:
“This is to notify the general public and the applicants and/or shortlisted candidates that, owing to financial constraints caused by budget cuts, the Judicial Service Commission (JSC) has canceled the advertisements for the following positions.”
The affected vacancies include 11 positions for Judges of the Court of Appeal and 5 positions for Judges of the High Court of Kenya. Both sets of vacancies were initially advertised on February 9, 2024.
The JSC expressed regret for the inconvenience caused to applicants and those who had been shortlisted for the positions.
The cancellation of these judicial vacancies has sparked reactions from legal practitioners and public figures. Senior Counsel Paul Muite strongly criticized the government’s decision to slash the Judiciary’s budget, arguing that such cuts severely hinder the delivery of justice in Kenya.
“Cutting the Judiciary’s budget punishes Kenyans seeking justice. Long delays in court cases are a direct consequence. The Judiciary is already understaffed, and now we’re being told that these vacancies will remain unfilled. Meanwhile, budgets for other government arms are unnecessarily increasing. The Government must rethink this approach,” Muite stated.
Over the years, Chief Justice Martha Koome has consistently raised concerns about the Judiciary’s underfunding. She highlighted that the Judiciary’s budget has been slashed by nearly 50% over the past three financial years.
In the most recent financial year, the Judiciary was allocated Ksh 22.42 billion, far below the required Ksh 43.17 billion. According to Koome, this budgetary shortfall has severely limited the Judiciary’s ability to expand infrastructure, enhance security, and provide adequate support for judicial personnel.
Koome has repeatedly called on the legislature and the executive to recognize the critical needs of the Judiciary and allocate sufficient resources to support its operations.
“We must treat investment in justice the same way we treat investments in health, education, and security. Access to justice is a fundamental right, and the lack of proper funding has far-reaching consequences on society. Without adequate resources, the Judiciary cannot effectively address the issue of case backlogs,” Koome said during the opening of Kamwangi Law Courts in Gatundu North in November 2024.
Koome’s plea underscores the urgent need for a systemic shift in how justice is funded in Kenya. The JSC’s cancellation of judicial vacancies is just one example of how the Judiciary is struggling with the financial constraints that hamper its ability to provide timely and effective justice to the Kenyan public.
