Mounting financial constraints are tightening pressure on Kenya’s courts, with judiciary officials warning that limited funding is undermining efforts to speed up justice even as case numbers continue to rise.
Deputy Chief Registrar and Judiciary Spokesperson Paul Ndemo says the shortage of resources is making it harder to keep up with demand, leaving the system stretched despite recent gains in performance.
Speaking during a Radio Generation interview on Wednesday, Ndemo said the judiciary needs increased budget support and a fully empowered Judiciary Fund to sustain operations and improve efficiency. He noted that while reforms such as automation have helped, they cannot deliver full results without adequate funding.
Ndemo outlined the structure of the judiciary, explaining that court operations across the country are managed through a coordinated system led by the Chief Registrar. The office is supported by registrars, assistant registrars, and directors handling key functions such as finance, procurement, ICT, and human resources.
“The chief registrar then sits at the top as the administrative and human resource head, supported by directors and registrars to ensure this function is done,” he said.
Even with this system in place, Ndemo said the institution continues to face heavy operational demands driven by a growing number of cases and limited staffing. He pointed out that funding shortages directly affect the judiciary’s ability to recruit enough personnel and handle cases within reasonable timelines.
“We have approximately now 660 magistrates for the lower court,” he said, adding that “last year alone, 620,000 cases were filed.”
He said this imbalance has left magistrates overwhelmed, each handling a large number of cases annually.
“You're talking about a magistrate dealing with maybe 1,400 cases per magistrate per year,” Ndemo noted.
Despite the strain, the judiciary has recorded notable progress in clearing cases. Ndemo said the courts achieved a clearance rate of 104 percent, resolving more cases than were filed within the same period.
“We were able to conclude more cases than were filed within the same period, 620,000 cases were filed, while 640,000 were resolved,” he said.
However, he warned that such gains may not last without additional resources. According to Ndemo, the judiciary requires about 1,200 magistrates to effectively manage the caseload and improve service delivery.
“What we have determined we need now, for instance, just magistrates alone, is 1,200,” he said.
Ndemo also raised concern over the low share of the national budget allocated to the judiciary, saying it limits expansion and service improvement.
“As it is now, we are getting 0.6% of the national budget,” he said.
Budget figures show a continued gap between what the judiciary receives and what it needs. In the 2024/2025 financial year, the institution was allocated about Sh21.85 billion against a requirement of roughly Sh44.9 billion. For the 2025/2026 financial year, funding rose to about Sh24.94 billion, while the need stood at around Sh40.1 billion, leaving a shortfall of over 35 percent.
Officials say the deficit continues to slow recruitment, delay technology upgrades, and limit the expansion of court infrastructure.
Chief Justice Martha Koome has consistently warned that underfunding is affecting access to justice and slowing down reforms. She has called for increased investment to support automation, expand courts, and reduce case backlogs.
President William Ruto has previously acknowledged that judiciary funding has increased over recent years as part of governance reforms, though officials maintain that allocations remain below what is required.
Deputy President Kithure Kindiki has also backed efforts to strengthen the judiciary, describing it as key to upholding the rule of law and supporting economic confidence.
Ndemo said the judiciary is pushing for its allocation to be raised to at least 2.5 percent of the national budget to match recommended levels.
“What we are advocating for is an increase to at least 2.5 percent,” he said.
He added that increased funding would allow the judiciary to recruit more staff, invest in technology, and improve infrastructure, leading to faster case resolution.
“You can employ the personnel that you need and have the technology that you need,” he said.
Ndemo also stressed the importance of the Judiciary Fund, saying it is meant to guarantee financial independence and ensure smooth operations. He proposed that funds be channelled directly from the consolidated fund to the Judiciary Fund to avoid delays and competing demands.
“Money should be charged straight from the consolidated fund to the judiciary fund,” he said.
He warned that without stable and adequate funding, there is a risk of interference that could affect the independence of the courts. As reforms continue, including the rollout of digital systems and expansion of services, Ndemo said sustained investment will be critical to ensure the judiciary delivers timely justice to Kenyans.