Lawyer Ahmednasir defends Judiciary after MP proposes budget cut

Senior Counsel Ahmednasir Abdullahi has opposed a parliamentarian's proposal to cut the Judiciary's budget over unfavourable rulings on the housing levy and the Social Health Insurance Fund (SHIF).

Mogotio MP Reuben Kiborek made the proposal on Sunday, warning that Parliament would use its powers to punish the Judiciary for the rulings he said were against public interest.

"We in Parliament also have power, which is to create the budget. I ask you, chair of the Budget Committee, [Ndindi Nyoro], that when we are creating the upcoming budget, if the Judiciary refuses to behave, let's cut their entire budget until they walk and ride bicycles in town to understand what the jobless Kenyans experience every day," Kiborek said.

He spoke in Kisumu County during a fundraiser at St Cecilia Catholic Parish in Kusa, Nyakach.

In his reaction to the remarks, Ahmednasir said a decision to slash the Judiciary’s budget would be a misstep. Via X, the social media platform, he instead called for more funding for the arm of government, as well as streamlined spending.

Cutting the judiciary budget is the wrong move. In fact, the judiciary needs more money/resources. But we need a judiciary that doesn't waste the meagre resources on bonding trips to Watamu, as does the Supreme Court of Kenya. We also need reformist leadership for the judiciary,… https://t.co/QD1vDNBGcd

— Ahmednasir Abdullahi SC (@ahmednasirlaw) January 28, 2024

President William Ruto's Kenya Kwanza government recently suffered a setback after the Court of Appeal declined to suspend orders barring the housing levy. The court ruled that there was no legal framework for the government to continue making deductions as per the Finance Act, 2023's amendment to the Employment Act, 2007.

Justices Lydia Achode, John Mativo and Mwaniki Gachoka ruled that the levy remains suspended as declared by the High Court.

Kiborek said, however, that judges are unaware of the plight of many poor Kenyans, who are unable to afford decent houses and medical services.

President William Ruto vowed to continue with the affordable housing project, saying he has listened to the people via public participation.

“The will of the people is the will of God. Therefore, I have enough authority and I will move the housing project forward,” he said, noting the project would create jobs for the youth and prevent destructive protests.

On January 22, the President promised to give the Judiciary additional funding for the hiring of 36 new judges in a show of a renewed commitment to the fight against corruption. The development after a meeting of President Ruto, Chief Justice Martha Koome and National Assembly Speaker Moses Wetang’ula.

The funding will see 11 more Court of Appeal judges and 25 High Court judges recruited. Further, the extra budgetary support will go towards concluding a vehicle leasing programme by the Judiciary.