LSK sues CS Yatani over budget cuts, says Judiciary will suffer

The Law Society of Kenya (LSK) has moved to court over austerity measures that Treasury Cabinet Secretary Ukur Yatani announced as part of efforts to cut the government's recurrent expenditure by 50 percent.

The LSK is particularly irked by the intended reduction of the Judiciary's budget by 50 percent, a move it says threatens dispensation of justice.

In a suit filed at the High Court in Nairobi on Friday, through Aluso Ingati Advocates & Associates, it terms the CS’s action an outright violation of the Constitution.

DRASTIC

The society notes that in a circular dated September 24, to all Cabinet Secretaries and accounting officers, Mr Yatani proposed drastic budgetary cuts on recurrent and development funds.

The CS directed all ministries, departments and agencies to rationalise their expenditure to address prevailing  revenue shortfalls, the aim being to fund the Jubilee government's Big Four agenda.

However, the suit filed at the court's Constitutional and Human Rights Division, states, "While the LSK and the public should commend the austerity measures adopted by the Executive, the effect of the same on independent arms of the government [such as] the Judiciary will greatly paralyse dispensation of justice."

CONTENTION

In a sworn affidavit, LSK's Chief Executive Officer Mercy Wambua avers that the measures will see the government cut at least 50percent of the Judiciary's budget, thereby completely paralysing its operations.

The organisation warns that the move will lead to immediate suspension of judicial service weeks, operations of mobile courts and all tribunal sittings, roll-out of the ICT programme and internet services to all courts in Kenya.

Ms Wambua also says the move will derail clearance of case backlog that had gathered pace and affect the Judiciary's daily operations.

"Reduction of the Judiciary's funds will greatly hamper the fight against corruption and administration of justice. It will also stall the development projects in the Judiciary."

ORDERS SOUGHT

The society is seeking an order restraining the CS or his officers from interfering with the Judiciary's budget, as duly approved by the National Assembly, pending an inter-parties' hearing and determination of the suit.

"The Judiciary plays a critical role in conflict resolution and delivery of justice to all, and without delay, through reconciliation, mediation and other dispute resolution mechanism," the chief executive noted.

"Cutting Judiciary funding will not only violate the Constitution but also impact negatively on its independence."

The LSK has sued the Cabinet Secretary and the Attorney-General and listed the Judicial Service Commission, Senate, National Assembly and the International Commission of Jurists as interested parties.

The case will be heard on Monday.