The Judiciary was unable to utilise over half a billion shillings meant for development projects in the 2023/24 financial year, citing internal delays and stalled works that affected progress on key infrastructure plans.

A report by Auditor-General Nancy Gathungu shows that out of the Sh1.45 billion allocated for development activities, only Sh929.56 million was spent, leaving a balance of Sh520.4 million unutilised. This translates to a 33 percent under-utilisation rate.

The report attributes the failure to use the funds to internal capacity issues, including delayed procurement processes and certification of works.

It also points to the failure by contractors to resume stalled projects due to rising costs.

“The statement of comparison of budget and actual amounts for development funds reflects the final budget of Sh1.45 billion and an actual expenditure of Sh929.56 million, resulting in under-utilisation by Sh520.4 million, or 33 percent of the budget,” wrote Gathungu.

She further noted that the Judiciary did not present any evidence to show that it has taken steps to address the problems that led to the underspending.

“In the circumstances, the effectiveness of the Judiciary’s programme aimed at providing critical infrastructure for social transformation through enhanced access to justice may be delayed,” she stated.

The shortfall came as the Judiciary raised concerns over a funding crisis, saying it was receiving less than half of its annual resource needs from the Exchequer.

It warned at the time that the cash crunch was affecting construction of courts and offices, service weeks, the rollout of small claims courts, and support for pro bono services.

“This shortfall has grossly affected the implementation of critical programmes such as operationalisation of new courts. Out of 22 court stations gazetted in the last medium term expenditure frameworks, only six have been operationalised,” the Judiciary said.

Some of the planned projects during the year included construction of a new Supreme Court building, a Court of Appeal Complex, and 15 magistrates’ courts. There were also plans to establish 20 small claims courts and four sub-registries for tribunals.

In June 2023, Parliament allocated Sh1.2 billion for the Judiciary to buy a building in Nairobi’s Upper Hill area to ease pressure on office and chamber space following a steady increase in the number of judges.