What is the Judiciary Fund in Kenya?

The objective of the Judiciary Fund in Kenya is to finance the administrative expenses of the Judiciary and for other purposes necessary for the Judiciary to discharge its functions.

Article 173 of the Constitution establishes the Judiciary Fund in Kenya. The Chief Registrar of the Judiciary should administer the fund.

Each financial year, the Chief Registrar should prepare estimates of expenditure for the following year and submit them to the National Assembly for approval

Upon approval by the National Assembly, the expenditure of the Judiciary should be a charge on the Consolidated Fund and the funds should be paid directly into the Judiciary Fund.

Parliament should enact legislation to provide for the regulation of the Judiciary Fund in Kenya. This law is the Judiciary Fund Act.

The Chief Registrar, appointed under Article 161 (2)(c) of the Constitution, is the chief administrator and accounting officer of the Judiciary.

Objective of the Judiciary Fund in Kenya

The objectives of the Judiciary Fund in Kenya are–

• to safeguard the financial and operational independence of the Judiciary;
• to ensure accountability for funds allocated to the Judiciary; and
• to ensure that the Judiciary has adequate resources for its functions.

Sources of the Judiciary Fund in Kenya

The sources of the Judiciary Fund in Kenya are as follows–

• money the National Assembly may allocate out of the Consolidated Fund;
• any grants, gifts, donations or bequests;
• money the Judiciary may allocate for that purpose from investments, fees or levies the Judiciary administers; and
• money accruing to the Judiciary, or money the Judiciary receives from any other source.

Utilization of the Judiciary Fund

The Judiciary should utilize the Judiciary Fund–

• to defray the administrative expenses of the Judiciary;
• to acquire and maintain the buildings, grounds and other assets of the Judiciary; and
• for any other purpose the Constitution or any other written law provides.

All receipts, savings and accruals to the Judiciary Fund and the balance of the Fund at the end of each financial year should remain in the Fund and applied according to the Constitution and the Judiciary Fund Act.

The Chief Registrar should open and maintain such bank accounts as are necessary to manage the Judiciary Fund effectively.

Within three months from the end of each financial year, the Chief Registrar should submit to the Auditor General the accounts of the Judiciary Fund for auditing and reporting according to the Public Audit Act.

For more information about the Judiciary Fund in Kenya, see the Judiciary Fund Act.