Analysis of the Structural Determinants of Funding Allocation Implementation in the Kenyan Judiciary
Ruto, Shadrack Kipchumba
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Financial resources allocation is key to achieving judicial independence and enhancing the rule of law in any country. The significance is that in the democratic system, judges and the judicial system entirely are autonomous from any outside control and unnecessary direction coming from the other self-governing systems, such as financial institutions .Necessary conditions for operations of the court system include being able to mobilize required finances to certain its operations. Sufficient judicial financial resource allocation, which depends upon clear focus and non-malicious criteria, makes the court system less susceptible toward undue provision of direction on how to operate. This study sought to analyze the important factors in judicial autonomy such as Annual financial plan, Judicial structure and Judicial work load on funding allocation implementation in the Kenyan Judiciary. The study was guided by Resource Based Theory (RBV) as well as Theory of Change Model. A total of 67 respondents including: staff, clerical Officers, litigants, advocates and police officers were targeted and sample of 59 respondents were sampled. The study adopted a descriptive case study research design. A semi-structured questionnaire, with both open and closed-ended questions was used to collect both qualitative and quantitative data. Quantitative data was analyzed through descriptive statistics which include; percentages, frequencies, mean, standard deviation, and regression, while qualitative data was analyzed through thematic analysis. Authorization to conduct the field study was sought from the National Commission for Science, Technology and Innovation. Results of the study indicated that majority of the respondents were aware of financial plan being used by the judiciary to plan for its expenditure.