National Council on the Administration of Justice

Justice sector agencies face over Sh100bn funding deficit
Justice sector agencies which include the Judiciary, office of the Attorney General, Office of the Director of Public Prosecutions and the National Police Service face a funding deficit of over Sh100 billion.
Other under-funded agencies include the NCAJ itself, Ethics and Anti-Corruption Commission (EACC), Kenya Prisons Service, Probation & Aftercare Department, the Independent Police Oversight Authority, Witness Protection Agency and the National Council for Law Reporting among others.
“We need a re-think about funding this particular sector. Sh100 billion in our view in the larger scheme of things for an entire sector is a crucial amount of money to support the justice sector,” the acting Chief Registrar of the Judiciary Paul Ndemo told a meeting of the National Council on the Administration of Justice.
He said the justice sector plays a very critical role in ensuring the rule of law in the society is maintained giving local and external investors confident that matters are predictable and that justice is prompt.
He added that there is need for a supplementary budget to fund NCAJ and the anti-corruption agenda in the current FY totaling to Sh83 million and NCAJ Bill at Sh18m.
Apart from the financing shortfall to the individual justice sector agencies, the NCAJ is also facing a funding gap that stands at Sh285 million.
“The funding is to support deepened reforms, strengthening justice sector monitoring and evaluation, justice sector research and innovation, statutory council annual reporting and engagements, and grassroots administration of justice through Court User Committees,” said Ndemo, who serves as the NCAJ Acting Secretary.
He added that there was need to pursue strategic partnerships and resource mobilisation apart from NCAJ agencies contributing to NCAJ programmes.
The Director General, Budget, Fiscal & Economic Affairs at the National Treasury Albert Mwenda said the government was keen to support the justice sector given its critical role in economic development and the fight against corruption.
“If you have a strong justice system, we are able to support implementation of strategic government objectives and deliver on the socio-economic needs of the country,” Mwenda said.
He said the delivery of justice is critical to unlock economic development, especially in the commercial justice sector.
Mwenda however said funding to the justice sector was dependent on the ability of the government to meet its expenditure needs based on available revenues.
He explained to the council that as the end of January, the Treasury had experienced a shortfall of Sh232 billion.
“We are working with the Kenya Revenue Authority to ensure that our revenues remain high and how we can allocate to NCAJ and other critical sectors,” he said.
He said the National Treasury has formulated a National Tax Policy and a Medium-Term Revenue Strategy to unlock additional resources.
He emphasised the need to prioritise support for anti-corruption measures especially after the grey listing of Kenya following concerns over incidents of money laundering.
“We need to give priority to anti-corruption matters and some of these institutions are critical to addressing the non-compliance issues which is important to the Treasury.”
Ends/…

The 27th NCAJ Council meeting in Mombasa chaired by Chief Justice Martha Koome entered its second day with various issues lined-up for discussion, among them, the progress on the implementation of the council's strategic plan.

The National Council on the Administration of Justice (NCAJ) issued Communique on the fight against corruption, enhanced accountability and seamless delivery of justice. This was during a meeting convened in Mombasa to discuss ways of combating corruption and efficient delivery of service in the justice sector. Chief Justice Martha Koome is chairing the three-day meeting that kicked-off today.

COMMUNIQUE BY THE NATIONAL COUNCIL ON THE ADMINISTRATION OF JUSTICE (NCAJ) ON THE FIGHT AGAINST CORRUPTION, ENHANCED ACCOUNTABILITY AND SEAMLESS DELIVERY OF JUSTICE

WE, the members of the NCAJ, convened for a high-level statutory and consultative meeting to strategise on upscaling measures to fight corruption, enhance accountability and seamless delivery of service to the Kenyan people;

COGNIZANT that we are all collectively bound by the Constitution which requires accountability to the people of Kenya;

CONCERNED that:
· Corruption persists as a complex national challenge and a sustainability threat.
· Corruption continues to compromise public institutions and adversely impact on service delivery and economic growth.
· Corruption undermines accountability and erodes public trust.

APPRECIATING that the justice sector plays a crucial role in preventing, investigating, prosecuting and adjudicating corruption cases;

ACKNOWLEDGING that a large body of work has been done, including policy, legal and administrative reforms on the fight against corruption and enhanced accountability;

REAFFIRMING the justice sector’s resolve and continued commitment to scaling up efforts to combat corruption and reverse its adverse impacts on society;

NOTING that despite a series of critical interventions undertaken to combat corruption over time, the vice is evolving, hence the need for new approaches to address it;

COMMITED to improve our diverse but collective institutional cooperation mechanisms to address corruption and upscale practice imperatives to embed accountability in all our operations and functions;

HEREBY RESOLVE TO:
1. Galvanise our collective efforts to provide strategic and focused leadership boldly and decisively in the fight against corruption.

2. Prioritise systems and processes examination in justice sector agencies to identify corruption risk areas and take remedial measures to seal opportunities for corruption.

3. Digitise and automate processes within our institutions to secure efficiency, accountability and seamless service delivery.

4. Collaborate to automate instant traffic fines to address traffic offences to ease backlog and root out abuse of process within the justice sector.

5. Strengthen inter-agency collaboration and coordination to seal information and communication gaps to facilitate the fight against corruption.

6. Strengthen NCAJ to efficiently and effectively coordinate the justice sector in the fight against corruption.

7. Enhance the quality, expeditious and procedural arrests, investigation, prosecution and trial of corruption-related crimes.

8. Adopt efficient case management systems and prioritize hearing and determination of corruption and economic crimes cases in the Special Anti-Corruption Courts.

9. Prioritise hearing and determination of corruption-related cases through rapid results initiatives, appropriate funding, relevant training and human resource capital.

10. Mobilise adequate resources in the justice sector to sustain the efforts to support the fight against corruption, enhanced accountability and efficient service delivery.

11. Adopt and implement efficient case management systems across all agencies.

12. Augment public engagement through Court Users Committees nationwide to address emerging challenges, rebuild public trust and fast-track conclusion of anti-corruption cases at the grassroots level.

13. Develop a framework and roadmap to guide the short, medium and long-term strategies by all actors to address corruption, enhance accountability and seamless delivery of services, culminating into a national anti-corruption conversation.

Issued at Mombasa this 27th Day of February 2024

Hon. Justice Martha K. Koome, EGH
Chief Justice and Chairperson,
National Council on the Administration of Justice

NCAJ Executive Director Dr Moses Maranga hands a copy of the National Council on the Administration of Justice (NCAJ) Annual Report to Justice Stephen Simon Bejingwa, President of the Court of Appeal of the Greater Circuit at the Judiciary of South Sudan after a meeting at the Council’s offices. The team is in the country on a bench-marking tour courtesy of the Kenya Judiciary Academy (KJA) to study operations of CUCs, Case Flow Management of GBV Cases and the CTS system. The team later paid a courtesy call on High Court Principal judge Eric Ogola before attending a CUC meeting at Milimani Law Courts. The visiting team will also bench-mark with the State Department of Gender, KNCHR, ODPP, NPS and the Youth Correction and Training Centre and Kamae Girls Borstal Institute at Kamiti Maximum Prison before paying a courtesy call on the Chief Justice.

The Administration of Justice in Kenya Annual Report 2021/22‎, an inaugural report of the National Council on the Administration of Justice (NCAJ) was launched by President Dr William Samoei Ruto ‎on Dec. 5, 2022.‎ To download the report, visit link: https://www.ncaj.go.ke/index.php/download/ncaj-annual-report-2021-2022/

Chief Justice Martha Koome met with officials from Microsoft and the ‎National Council on the Administration of Justice (NCAJ) in efforts to ‎spur digital transformation in the justice sector.‎
She said that on the onset of COVID-19, courts have been using ‎Microsoft Teams for their virtual hearings adding that Adoption of ‎technology by the courts has been revolutionary and the Judiciary aims ‎to advance on the gains made thus far.‎
‎“We aim to partner with Microsoft to address the gaps that hinder access to ‎justice,” the CJ said.‎
She Added: “In addition, through NCAJ, we endeavour to make the justice ‎chain accessible and people-centred, especially for the most vulnerable ‎members in our communities.”‎

Launch of the Administration of Justice in Kenya Annual Report 2021/22, an inaugural report of the National Council on the Administration of Justice (NCAJ). Download Report here: https://www.ncaj.go.ke/index.php/download/ncaj-annual-report-2021-2022/

The Administration of Justice in Kenya Annual Report 2021/22 details the progress in the administration of justice in Kenya. Basically, it provides the achievements realised in the administration of justice in FY 2021/22, and highlights the priority areas for the FY 2022/23.

NCAJ Kenya on Twitter “The Administration of Justice in Kenya Annual Report 2021/22 details the progress in the administration of justice in Kenya. Basically, it provides the achievements realised in the administration of justice in FY 2021/22, and highlights the priority areas for the FY 2022/23.”

The Court Users Committees (CUCs) ensure accountability and performance of the justice actors and cultivate partnerships amongst various stakeholders in the justice sector. The membership of CUCs reflects that of the National Council on the Administration of Justice (NCAJ).

NCAJ Kenya on Twitter “The Court Users Committees (CUCs) ensure accountability and performance of the justice actors and cultivate partnerships amongst various stakeholders in the justice sector. The membership of CUCs reflects that of the National Council on the Administration of Justice (NCAJ).”

Some of the agencies have the primary mandate of administration of justice, while others have extensive mandates beyond the administration of justice, but play a critical role in the justice sector and are thus members of the NCAJ. , , , , , , , , , , , , , , , , ,

NCAJ Kenya on Twitter “Some of the agencies have the primary mandate of administration of justice, while others have extensive mandates beyond the administration of justice, but play a critical role in the justice sector and are thus members of the NCAJ.”

Hence, in its design, NCAJ has numerous institutions, some of which are provided for in the statute, while others are co-opted.

NCAJ Kenya on Twitter “Hence, in its design, NCAJ has numerous institutions, some of which are provided for in the statute, while others are co-opted.”

The Kenyan justice system comprises various institutions, including state and non-state actors, who, drawing from their legal mandates, offer justice services to citizens within diverse contexts.

NCAJ Kenya on Twitter “The Kenyan justice system comprises various institutions, including state and non-state actors, who, drawing from their legal mandates, offer justice services to citizens within diverse contexts.”

NCAJ aspires to strengthen and entrench a well-coordinated justice sector that will guarantee access to justice for Kenyans and contribute to social justice & transformation as envisioned under the Constitution. , , , ,

NCAJ Kenya on Twitter “NCAJ aspires to strengthen and entrench a well-coordinated justice sector that will guarantee access to justice for Kenyans and contribute to social justice & transformation as envisioned under the Constitution. , , , , ”

Further, NCAJ facilitates the establishment Court Users Committee (CUCs) and mobilises resources for the efficient administration of justice. CUCs are forums that bring together players, both state and non-state, involved in the administration of justice at the court level.

NCAJ Kenya on Twitter “Further, NCAJ facilitates the establishment Court Users Committee (CUCs) and mobilises resources for the efficient administration of justice. CUCs are forums that bring together players, both state and non-state, involved in the administration of justice at the court level.”

Specifically, NCAJ formulates policies relating to the administration of justice, monitors their implementation, & reviews strategies for the efficient administration of justice while spearheading the reform agenda in the administration of justice., ,

NCAJ Kenya on Twitter “Specifically, NCAJ formulates policies relating to the administration of justice, monitors their implementation, & reviews strategies for the efficient administration of justice while spearheading the reform agenda in the administration of justice., , ”

As the highest governance organ, NCAJ ensures a coordinated, efficient, effective and consultative approach to the administration of justice and reform of the justice system. , , , , , , ,

NCAJ Kenya on Twitter “As the highest governance organ, NCAJ ensures a coordinated, efficient, effective and consultative approach to the administration of justice and reform of the justice system. , , , , , , , ”

The National Council on the Administration of Justice (NCAJ) is established under the Judicial Service Act 2011 as a high-level policymaking, implementation & coordinating body, chaired by the Chief Justice , , , , ,

NCAJ Kenya on Twitter “The National Council on the Administration of Justice (NCAJ) is established under the Judicial Service Act 2011 as a high-level policymaking, implementation & coordinating body, chaired by the Chief Justice , , , , , ”

Launch of the Administration of Justice in Kenya Annual Report 2021/22 will be held on Mon 5, 2022. This is an inaugural National Council on the Administration of Justice (NCAJ) annual report that tracks & documents progress realised by the council during the FY 2021/22. Follow proceedings on our page.

NCAJ Kenya on Twitter “Launch of the Administration of Justice in Kenya Annual Report 2021/22 will be held on Mon 5. This is an inaugural NCAJ annual report that tracks & documents progress realised by the council during the FY 2021/22. Follow proceedings on our page. https://t.co/b5d8Dfzqk9”