- Treasury restrained from implementing September 24 circular on budget cuts
- LSK says directive interferes with budget duly approved by Parliament
Image: FILE
The Judiciary has won the first round of a battle with the state over budget cuts after the court suspended implementation of a circular issued by Treasury.
Justice James Makau on Tuesday issued the orders in the case filed by the Law Society of Kenya challenging the decision by Treasury to slash the Judiciary budget.
The decision by Treasury has led to several courts and tribunals being shut down for lack of funds.
"National Treasury CS and his agents restrained from implementing circular No.14 A dated 24 September or issuing any other unwarranted directive with the same effect on the judiciary budget," the order reads.
Judge Makau directed the LSK to serve the petition to respondents and the case will be mentioned on November 6.
In their petition, the lawyers' organisation sought an order restraining CS Ukur Yattani and his agents officers or any persons from further interfering with the Judiciary budget duly approved by the National Assembly as provide for in law.
They argue that once the National Assembly approves the budget presented to it by the Judiciary's chief registrar the matter is final.
They claim that on October 16, acting Treasury CS Yattani issued a notice to all Cabinet Secretaries and accounting officers on guidelines for preparation of the financial year 2019-20.
The circular indicated there was underperformance in revenue collection.
He had allegedly proposed drastic budgetary cuts on recurring and development of up to 50% with respect to the judiciary.
The Chief Registrar of the Judiciary directed that certain changes be made the most notable being that all mobile court sessions and service week be suspended until funds are available.
In an affidavit filed by CEO of the LSK Mercy Wambua, she says the Judiciary suspended tribunals across the country.
“If the CS was acting in the best interest of the Judiciary and by extension of the public, then she should have at least engaged the relevant officials of the Judiciary on an amicable way to incorporate any budgetary changes they wish to implement,” the affidavit reads.