Editor's Review

The affected positions include eleven vacancies for Judges of the Court of Appeal and five vacancies for Judges of the High Court of Kenya. 

The Judicial Service Commission (JSC) has announced the cancellation of previously advertised vacancies for judges of the Superior Courts.

In a public notice published in local dailies, JSC attributed the decision to financial constraints brought about by budget cuts.

"This is to notify the general public and the applicants and/or shortlisted candidates but owing to financial constraints caused by budget cuts, the Judicial Service Commission (JSC) has canceled the advertisements for the following positions," the notice read in part.

The affected positions include eleven vacancies for Judges of the Court of Appeal and five vacancies for Judges of the High Court of Kenya. 

Both sets of vacancies were initially advertised on February 9, 2024, according to the notice put out by the JSC.

The Commission expressed regret for any inconveniences caused to applicants and shortlisted candidates. 

File image of Martha Koome

The cancellation has sparked reactions from various quarters, including legal practitioners and public figures. 

Senior Counsel Paul Muite criticized the government’s decision to slash the Judiciary’s budget, arguing that it is detrimental to justice delivery in the country.

“Slashing down the Judiciary’s budget punishes Kenyans seeking justice. Long delays are the direct consequence. The Judiciary is already understaffed. Meanwhile, the budgets of other government arms are undeservedly increasing. The Government of Kenya must rethink this approach,” he said.

Over time, Chief Justice Martha Koome has raised concerns over the underfunding of the Judiciary, highlighting that the budget has been slashed by nearly 50% over the past three financial years. 

In the most recent financial year, the Judiciary received Ksh 22.42 billion against a required budget of Ksh 43.17 billion. 

According to Koome, this funding gap has limited the Judiciary's capacity to expand infrastructure, enhance security, and support the well-being of judicial personnel.

Koome has called upon the legislature and the executive to recognize the critical needs of the Judiciary and allocate the necessary resources to support its optimal operation.

“We need to treat investment in justice the same way we treat health, education, and security sectors since access to justice is a fundamental right that touches every aspect of our lives. We cannot talk of case backlogs when we face budget constraints. We can only do well if we invest in systems and infrastructure that make justice delivery possible,” Koome said during the opening of Kamwangi Law Courts in Gatundu North in November 2024.