Judiciary: Treasury never disbursed Sh73 million for Kasarani court project

The Judiciary has dismissed social media allegations claiming that over Sh73 million was misused in the construction of the Kasarani Small Claims Court in Nairobi, clarifying that the funds were never disbursed by the Treasury due to budget cuts.

In a statement on Thursday, Judiciary Spokesperson Paul Ndemo refuted the claims circulating online, explaining that Small Claims Courts are crucial in resolving disputes valued at up to Sh1 million within 60 days, thereby improving the business environment and advancing social justice.

He noted that these courts serve as Gender Courts, ensuring justice for residents.

To actualise this initiative, he said the Judiciary collaborated with the now-defunct Nairobi Metropolitan Services (NMS), which agreed to construct Small Claims Courts in Dagoretti, Kasarani, Mihang'o and Huruma.

“Dagoretti Law Courts was completed and officially opened by Hon. Chief Justice Martha Koome on 11th October 2024. Within its first 100 days, the court had received 820 cases, closing 562 of them. Additionally, 216 Small Claims matters were filed, with 103 cases resolved,” he said.

Following the disbandment of NMS, Ndemo said the Judiciary took over the construction of the Kasarani, Mihang'o and Huruma courts through a Deed of Novation signed on March 28, 2023.

“The contract for Kasarani Law Courts was awarded in April 2024 at a cost of Sh73,156,617. However, due to budget cuts across the public sector, the Judiciary’s development budget was reduced by approximately 50 per cent. As a result, the contract could not be signed, and the contractor never reported to the site,” he said.

He insisted that it was misleading to claim that Sh73 million had been misused, stressing that the funds were never disbursed in the first place.

“The correct position is that the funds earmarked for the project were never disbursed by Treasury owing to the budget reduction across the public sector,” he said.

Ndemo said the Judiciary remains committed to enhancing access to justice, particularly in the outskirts of Nairobi.

“The need to enhance access to justice, especially in the highly populous outskirts of Nairobi City, remains a priority for the Judiciary. Many people in these areas depend on small and medium enterprises and require Small Claims Courts in their neighbourhoods to resolve cases expeditiously,” he said.

He reiterated that the Judiciary remains committed to completing the Kasarani, Mihang'o, and Huruma Small Claims Courts, with funds allocated in the next financial year for their construction.

“The Judiciary reiterates its commitment to enhancing access to justice through the construction of a Magistrate's Court in every sub-county and a High Court in every county, as envisioned in our institutional blueprint—Social Transformation through Access to Justice,” he said.

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