Judiciary fines drop by 16.8pc as courts struggle with staff deficit

Kenyans are either committing fewer crimes than before, getting smarter at evading the law or law enforcement is looking the other way.

This is according to a report released on Friday by Chief Justice Martha Koome showing that fines collected from Kenyans dropped by 16.8 per cent in the last financial year, as compared to 2023/2024.

Fines account for 42.34 per cent of the Judiciary’s revenue, while court fees remain the largest source at 47.35 per cent.

The  Judiciary collected Sh1.22 billion in fines in the last financial year, about Sh360 million short of the Sh1.58 billion target.

“The drop is primarily attributed to a reduction in the number of criminal cases filed,” the report notes.

According to the Status of the Judiciary Annual Report, fine collections in the 2024-2025 financial year also declined for the same reason.

In the previous two financial years, fines accounted for 53.33 per cent and 49.345 per cent of total collections.

Separate data from the National Council of Administration of Justice (NCAJ) shows that the number of criminal cases filed before magistrates’ court fell by 25,000 in the last financial year.

These lower courts generate most of the fines as they handle minor offences, including traffic violations.

The report  also notes that the Judiciary is operating with only 64 per cent of the staff it requires.

 According to the Chief Justice, this shortage has increased the workload for each employee and she urged the Treasury to allocate more resources for recruitment.

The Judiciary currently has 6,979 staff members, against an approved establishment of 10,870.

Despite the staffing shortages, the Chief Justice noted that case resolution improved, with the Judiciary achieving a 104 per cent clearance rate and reducing its backlog to 30 per cent.

“The Judiciary’s performance in FY 2024/25 reflects a strong and steady trajectory of reform anchored in the ‘Social Transformation through Access to Justice’ (STAJ) blueprint. It demonstrates a justice system that is becoming more open, more inclusive and more responsive to the needs of the people,” said Koome.

Even so, most complaints filed last year targeted magistrates, followed by judges of the High Court. Magistrates accounted for 651 complaints, while the High Court recorded 278. Adjournment complaints were reported across all courts except the Supreme Court.

In the lower courts, the main grievances were judicial discretion (29 per cent), missing files (13.2 per cent), and adjournments, issues that also affected the High Court.

During the same period, there were 110 integrity-related complaints against Judiciary staff, judges and magistrates. Of these, 57 were lodged against magistrates, 51 against judicial staff and two against judges.

“These figures underscore the Judiciary’s continued vulnerability to ethical lapses at various levels. They also highlight the need for ongoing ethics training, stronger oversight mechanisms and a deeper culture of integrity to safeguard the credibility of judicial processes and maintain public confidence,” the report states.

Meanwhile, 143 petitions were filed before the Judicial Service Commission (JSC) seeking the removal of judges up from 100 the previous year.

The commission resolved 82 of these petitions, leaving 132 pending and carried forward into the current financial year. The rise in petitions, the report notes, reflects growing public awareness.

Funding, however, remains a major hurdle. The Judiciary reported a Sh22.1 billion financing gap.
Last financial year, it required at least Sh44.9 billion but received Sh22.78 billion, representing a 49 per cent shortfall. The previous year saw a deficit of Sh20.75 billion, while the 2022/2023 financial year recorded a Sh18.42 billion gap.

Speaking during the launch, Deputy President Kithure Kindiki argued that the government should be allowed to implement its programmes without court injunctions.

Kindiki said that by electing a government, Kenyans give it a mandate to implement its manifesto. He contended that court orders halting projects effectively block the will of the people.

He further suggested that programmes or projects should continue once a case is filed, with compensation provided only if a violation occurs.

Several Kenya Kwanza administration projects, including the Social Health Insurance Fund (SHIF) and housing initiatives, currently face pending court cases.