The judiciary has refuted claims of financial mismanagement in the construction of the Kasarani Small Claims Court, clarifying that funds allocated for the project were never disbursed due to budget cuts affecting the public sector.
The initiative to expand access to justice through Small Claims Courts began under a partnership between the Judiciary and the now-defunct Nairobi Metropolitan Services (NMS).
This collaboration led to agreements for the construction of new Small Claims Courts in Dagoretti, Kasarani, Mihang’o, and Huruma.
The first of these, the Dagoretti Law Courts, was completed and officially opened by Chief Justice Martha Koome on October 11, 2024.
According to the judiciary, the court had already handled 820 cases, closing 562 of them. Of these, 216 were Small Claims Matters, with 103 resolved within its first 100 days of operation.
Following the disbandment of NMS, the judiciary assumed responsibility for the completion of the remaining three courts – Kasarani, Mihang’o, and Huruma – under a Deed of Novation signed on March 28, 2023.
A contractor for the Kasarani Law Courts was identified in April 2024 after a competitive tendering process, with the project valued at Ksh73,156,617.
However, soon after, sweeping budget cuts across government institutions resulted in a 50% reduction in the Judiciary’s development budget.
As a result, the contract was never signed, and no funds were released by the Treasury for the project.
“The assertion that Ksh. 73 million in public funds was misused in the construction of the Kasarani Small Claims Court is misleading. The reality is that the funds were never disbursed due to budget constraints,” Judiciary Spokesperson Paul Ndemo said in a statement on Thursday, March 6, 2025.
Despite these setbacks, the judiciary remains committed to ensuring the completion of the Kasarani, Mihang’o, and Huruma Small Claims Courts. Funds have already been allocated in the next financial year to continue construction efforts.
This initiative is part of a broader institutional commitment to enhancing access to justice, with the Judiciary’s long-term vision aiming to establish a Magistrate’s Court in every sub-county and a High Court in every county under its Social Transformation through Access to Justice (STAJ) blueprint.
The Judiciary’s reaffirmation of its commitment to judicial infrastructure comes amid increasing scrutiny over public expenditure, with officials keen to dispel any perceptions of financial mismanagement while continuing efforts to expand access to justice across the country.
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