JSC and Treasury Seek to Enhance Justice and Service Delivery

The Judicial Service Commission (JSC) and the National Treasury held a high-level meeting in Nairobi on Wednesday, October 1, 2025, agreeing to fast-track the operationalisation of the Public-Private Partnerships (PPP) Petition Committee. The discussions also focused on the critical need for increased budgetary allocation to the Judiciary and the JSC to bolster service delivery across the country.

The meeting brought together key figures, including JSC Vice Chairperson Isaac Ruto, Commissioner Evelyne Olwande (who chairs the JSC Finance Committee), and Chief Registrar of the Judiciary and Secretary Winfridah Mokaya. They engaged with Treasury Cabinet Secretary John Mbadi and Principal Secretary Chris Kiptoo.

Context: Operationalising the PPP Petition Committee

The Public-Private Partnerships Petition Committee is a crucial body established under Section 67 of the PPP Act, 2013. Its primary role is to receive and resolve complaints related to the procurement of PPP projects in Kenya, acting as a tribunal to promote fairness and transparency. The committee's guidelines were published in 2014 to support its functioning and guide petitioners. In February 2021, four new members were sworn into the committee, joining former Attorney General Prof. Githu Muigai.

The operationalisation of this committee is vital for ensuring accountability and transparency in the numerous infrastructure and development projects undertaken through PPPs, which are increasingly seen as a way to finance Kenya's Vision 2030 agenda. Analysts suggest that expediting this process could significantly influence public debate and policy execution regarding PPPs, with stakeholders seeking clarity on timelines, costs, and safeguards.

Law and Policy Framework

The Public Private Partnerships Act, 2013, provides the legal framework for private sector participation in financing, constructing, developing, operating, or maintaining government infrastructure and development projects. The Act also established institutions to regulate, monitor, and supervise the implementation of these projects, including the Petition Committee. The Public Private Partnerships Act, 2021, further empowered county governments to play a larger role in PPP policy formulation and implementation, and to nominate members to the PPP Petitions Committee.

Stakeholders and Their Roles

• Judicial Service Commission (JSC): Responsible for the efficient and transparent administration of justice, including budgetary oversight for the Judiciary and its own operations. The JSC reviews financial estimates for both the JSC and the Judiciary before submission to the National Assembly.
• National Treasury: Manages the government's finances, including budgetary allocations to state organs and the operationalisation of key economic committees. Cabinet Secretary John Mbadi assumed office on August 8, 2024. Principal Secretary Chris Kiptoo was appointed on December 1, 2022.
• Public-Private Partnerships Petition Committee: A tribunal designed to resolve disputes arising from PPP procurement processes, ensuring fairness and adherence to legal frameworks.

Evidence and Data

• The meeting on October 1, 2025, specifically addressed the need to expedite the operationalisation of the PPP Petition Committee.
• The JSC statement highlighted the importance of enhanced budgetary support for the Judiciary and the Commission to improve service delivery.
• In July 2024, the JSC had to suspend recruitment, including that of additional Court of Appeal judges, due to government-wide budget cuts, with the National Treasury advising a 15% expenditure reduction.
• The Judiciary's budget estimates for the Fiscal Year 2025/26 and the medium-term period (2025/26–2027/28) were prepared with public participation, a constitutional requirement.

Risks and Implications

Delays in operationalising the PPP Petition Committee could lead to prolonged disputes in PPP projects, potentially deterring private investment and hindering the timely completion of critical infrastructure. Insufficient budgetary support for the Judiciary could compromise its ability to deliver justice efficiently, impacting case backlogs and overall access to justice for Kenyans. The JSC has previously frozen recruitment due to budget constraints, highlighting the direct impact of funding on judicial capacity.

What to Watch

Stakeholders will be closely monitoring the concrete steps taken by both the JSC and the National Treasury to implement the agreements. Key areas to watch include the issuance of specific timelines for the PPP Petition Committee's full operationalisation and any announcements regarding increased budgetary allocations for the Judiciary in upcoming financial reviews.