Since its establishment in 2006, the Konrad Adenauer Foundation’s (KAS) Rule of Law Programme for Sub-Saharan Africa, headquartered in Nairobi, has played a vital role in advancing democratic governance, human rights, and the rule of law across the region. Central to these efforts is the promotion of judicial independence, particularly the financial autonomy of the judiciary as a foundation for a fair and impartial legal system.
This volume is a product of the Program's enduring commitment to these ideals. It delves into the often-overlooked but critical issue of judicial financial independence in eleven African countries, offering a comparative analysis of budgetary frameworks, legal instruments, and the practical realities that shape judicial autonomy. The book reveals how, in many jurisdictions still grappling with the legacies of colonial subjugation and authoritarian governance, the executive’s control over judicial finances continues to pose a formidable challenge to true judicial independence.
The publication presents both empirical data and normative insights, highlighting the systemic obstacles and identifying strategic reforms aimed at insulating judicial institutions from political and financial interference. It emphasizes that meaningful progress is frequently hindered not by the absence of sound legal provisions, but by persistent gaps in implementation. Particularly troubling are instances where courts, despite delivering independent judgments, face retaliatory budgetary cuts that directly compromise their autonomy.
By bringing these issues to the fore, the book aspires to serve as a practical guide for policymakers, legal professionals, and civil society actors committed to reinforcing the independence of the judiciary. It is also a call for collective action to uphold the principle that justice must not only be done, but must also be institutionally and financially empowered to prevail.
The KAS Rule of Law Program for Sub-Saharan Africa extends its sincere appreciation to Dr. Conrad Bosire for his visionary leadership in spearheading this project, as well as to the contributing authors, editors, and Kabarak University Press for their invaluable roles in bringing this important work to publication. Echoing the words of the African Commission on Human and Peoples’ Rights: “A government that truly governs in the best interest of the people should have no fears of an independent judiciary.” This publication stands as a testament to that ideal.
