Description:
The research deals with the Judiciary fund as established under section.52 of the Judiciary
Administration Act versus independence of judiciary.
The researcher realized that independence of judiciary does not entail a guarantee to the judicial
officers to conduct them in the manner they wish themselves. There must be an established fund
which will be used to accommodate daily activities of the judiciary. This is where judiciary fund
came into existence. However, the main problem that arises with this fund is the sources of this fund
and the person who administer this fund in relation to independence of judiciary.
The research aimed at showing that the judiciary fund established under the Act, its sources and its
administration in general may in some occasion pose influence over the judiciary and therefore
prejudices its independence.
The researcher was able to make findings that, the reasons for the existence of the judiciary fund
and its administration was motivated by political aspirations and also is the covert mean of the
Executive to penetrate its influence over the judiciary. Meanwhile about 80% of the people
interviewed by the researcher are not against the fund itself but its sources of fund and the person
who control the said fund.
At the finality the researcher arose to the conclusion that the fund should exist but sources of
fund should not come from members of the public and organizations. Also the fund should be
administered by the judicial officer who will be accountable to the Chief justice. The study also
recommends on ceiling of budget must be a constitutional matter established under the
Constitution.