The Administration of the Judiciary Bill, 2018
The policy behind the Bill is to operationalise the Constitutional provisions relating to the Judiciary by providing for the further application and enforcement of Chapter Eight of the Constitution. Chapter Eight buttresses the institutional operational and administrative independence of the Judiciary. Article 126 provides for the source and exercise of judicial power. Article 127 provides for the participation of the people in the administration of justice. The Constitution under article 128 provides for the independence of the Judiciary, it makes the Judiciary self-accounting and protects the administrative expenses and emoluments for persons serving in the Judiciary by charging them on the Consolidated Fund. It empowers the Judiciary to deal directly with the Ministry responsible for finance in determining the retirement benefits payable to or in respect of persons serving in the Judiciary. Article 133 vests the administration and supervision of the Judiciary in the Chief Justice and in that capacity empowers him to issue orders and directions to the courts for the proper and efficient administration of justice. However, whereas there is guidance on the functioning and administration of the judiciary in the Constitution, there is no law that operationalises Chapter Eight of the Constitution. This has resulted in a lack of clarity, ineffectiveness and wasteful duplication of the judicial structures at the expense of the administration of justice. This Bill therefore seeks to translate and amplify the principles set out in Chapter Eight of the Constitution through legislative provisions to deepen further the independence of the Judiciary and make the Judiciary more effective and accountable to the people.