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{
"id": 974094,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/974094/?format=api",
"text_counter": 642,
"type": "speech",
"speaker_name": "Baringo North, JP",
"speaker_title": "Hon. William Cheptumo",
"speaker": {
"id": 50,
"legal_name": "William Cheptumo Kipkiror",
"slug": "william-kipkiror"
},
"content": " We have Kabarnet, Marsabit, Amagoro, Githongo, Kandara, Machakos, Kiambu, Mbita, Embu, Murang’a, Eldoret, Garsen and Othaya. The list is long. The law courts are at some stage of completion. We are unable to move because there is no money. These are some of the challenges that I wanted to bring out clearly for the House to understand. In compliance with Article 173, we are trying to look for solutions. How do we resolve the issue of underfunding the Judiciary because every year, we have this problem? This is a very important issue that we need to raise. We propose that if we implement the provisions of Article 173 of the Constitution on the Judiciary Fund, then Judiciary can be independent and can have funds that will make it function. Allow me to refer to Article 173 of the Constitution on the Judiciary Fund because it is very important. It says: “173(1) There is established a fund to be known as Judiciary Fund which shall be administered by the Chief Registrar of the Judiciary. (2) The Fund shall be used for administrative expenses of the Judiciary and such other purpose as may be necessary for discharge of the functions of the Judiciary”. But let me go to the relevant sub-section (4). “(4) On approval of the estimates by the National Assembly, the expenditure of the Judiciary shall be a charge on the Consolidated Fund and the funds shall be paid directly into the Judiciary Fund”. This is not an optional position, it is constitutional. It is for us. I want to report to the House that the Judiciary Fund Act was passed in 2015 by this House. The regulations that are supposed to actualise that law are in the process of being approved by this House. I am happy my colleague, Hon. Murugara, is a Member of the Delegated Legislation, and he will be seconding this Motion. I believe he will mention to us the far they have been able to go. If we succeed in this, and we must succeed in it, I think the Judiciary, once given their money, should be able to actualise the money and spent it without being subjected to supplementary budgets. Like now, I am told we are preparing for another Supplementary Budget, which is likely to affect the very allocation that has been given to the Judiciary. We propose in our Report the need to actualise Article 173 of the Constitution. Meanwhile, the National Treasury should ensure timely disbursements of Exchequer to the Judiciary and other agencies to ensure timely undertaking of projects to avoid possible litigation and escalation of costs as a result of delay. We have the Integrated Financial Management Information System (IFMIS) business. The other day, before the Supplementary Estimates were done, you saw and heard the Chief Justice coming out very strongly and complaining that the Exchequer is there, but the releases are delayed because of the IFMIS process. This is an area that we need to deal with and the solution is Article 173, so that the IFMIS thing, where Judiciary is controlled and managed, becomes something of the past. This will enable them to have their money to do their work timely, pay the suppliers and the contractors. Like now, we are spending a lot of money in terms of delayed payments of bills. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}