Category: funding

Factchecking Kenya’s chief justice on judiciary funding and backlog of circumstances

To mark the tenth anniversary of Kenya’s structure, broadcaster NTV interviewed present and former authorities officers on how the regulation has been utilized.

Chief justice David Maraga instructed NTV that whereas the 2010 structure had sought to strengthen the judiciary’s independence, funding was a perennial headache.

“[Budget cuts] hit the judiciary generally to some extent that its operations grind to a halt,” Maraga stated within the interview, printed in August 2020.

In current months the chief justice has been vocal on how cuts have hampered the supply of judicial companies.

In his interview, Maraga made a number of claims. We regarded into their accuracy. 


The judiciary doesn’t even get 1% of the nationwide price range



Maraga, who assumed workplace in 2016, requested for extra funding as “the judiciary doesn’t even get 1% of the nationwide price range”.

“We have now stated, time and again, that for the judiciary to function correctly we must always get no less than 2.5% of the nationwide price range,” he stated.

Africa Test has beforehand discovered there isn’t a “advisable world share” of funding for the judiciary from the nationwide price range. In 2018 Maraga additionally claimed it was 2.5%. 

To find out how a lot has been allotted to the judiciary lately we consulted the appropriation acts, the legal guidelines that present price range allocations to authorities departments.  

For the nationwide price range, we checked price range statements.

Judiciary quantities as share of Kenya price range
Yr Judiciary price range (KSh billion) Nationwide price range (KSh trillion) Share
2014/15 17.5 1.58 1.1%
2015/16 16.7 2 0.8%
2016/17 17.3 2.3 0.8%
2017/18 17.6 2.3 0.8%
2018/19 14.5 2.6 0.6%
2019/20 18.9 2.8 0.7%
2020/21 17.4 2.8 0.6%

Sources: Funds speeches for 2020, 2019, 2018, 2017, 2016, 2015 and 2014  and Appropriations Acts for 2020, 2019, 2018, 2017, 2016, 2015 and 2014.
Observe: The figures proven have been rounded up.

Solely as soon as within the final seven monetary years, in 2014/15, did the judiciary obtain greater than 1% of the nationwide price range. We due to this fact charge this declare as appropriate.


We have now a median of 400,000 circumstances being filed in our courts yearly



The latest state of the judiciary report covers the 2018/19 monetary 12 months. Launched in January 2020, it reveals that greater than two million circumstances had been lodged in all courts between 2014/15 and 2018/19.

The report stated: “The variety of filed circumstances gives quantitative data on the extent of demand for courtroom companies by the general public.”

Complete variety of circumstances filed within the judiciary
Monetary 12 months Instances
2014/15 334,685
2015/16 460,961
2016/17 344,180
2017/18 402,243
2018/19 484,349
Common 405,283

The typical variety of circumstances filed within the interval lined by the report works out to 405,283 a 12 months. We due to this fact charge this declare as appropriate. 


We solely get rid of about 300,000 circumstances



Discussing the nation’s case backlog, Maraga stated the judiciary settles about 300,000 circumstances yearly. This quantity was decided by the variety of judges and magistrates and would solely proceed to pile up.

“Until the judiciary is given sufficient assets to have sufficient manpower, Kenyans will proceed crying about delayed circumstances,” he stated.

The latest state of the judiciary report has information protecting 2014/15 to 2018/19. It reveals an common of 321,652 circumstances settled throughout the 5 monetary years. As of 2018/19 there have been 153 judges and 546 magistrates in Kenya.

Variety of circumstances resolved by the judiciary
Monetary 12 months Instances
2014/15 272,605
2015/16 191,625
2016/17 304,182
2017/18 370,488
2018/19 469,359
Common 321,652

We due to this fact charge the declare as appropriate.


In Kenya now with a inhabitants of about 48 million, now we have one choose serving over 300,000 folks



There are 47.6 million folks in Kenya, in response to 2019 census information. The latest information from the judiciary reveals there have been 153 judges as of June 2019.

This works out to 1 choose for each 311,000 folks. We charge this declare as appropriate.


We have now one Justice of the Peace serving over 77,000 folks



The latest information from the judiciary reveals there have been 546 magistrates in Kenya as of June 2019. The state of the judiciary report was launched in January 2020. 

Utilizing a inhabitants of 47.6 million, this works out to 1 Justice of the Peace for each 87,114 folks.

The chief justice’s determine was off by over 10,000 nevertheless it was nonetheless “over 77,000” folks per Justice of the Peace. We due to this fact charge it as understated.


There’s a ‘world common’ for the variety of judges and magistrates to variety of folks



A calculation for a “world common” will be achieved by immediately evaluating the variety of judges and magistrates to the world inhabitants.

However to account for inhabitants variations, charges (per 100,000 folks) are extensively used. (Observe: See field beneath for extra context.)

The chief justice has previously spoken of a “advisable world share” of funding for the judiciary. 

We have now contacted the judiciary for the supply of the “world common” cited by the chief justice and can replace this report with their response.

Wachira Maina is a constitutional lawyer in Kenya who has written in regards to the progress of establishments, together with the judiciary, following the adoption of the 2010 structure. He directed us to the UN Workplace of Drug and Crime (UNODC) for information on the administration of justice professionals towards a rustic’s inhabitants.

It reveals there have been 1.3 judges or magistrates for each 100,000 folks in Kenya in 2014, 3.6 for South Africa in 2015, and 0.8 for the US and eight.7 for China in 2017. 

However the UNODC famous key weaknesses within the information when evaluating international locations. 

“The numbers reported are usually not restricted to judges deciding felony circumstances,” it stated. “The comparability downside would possibly get even worse as a result of some international locations would possibly nonetheless solely report the variety of judges whose obligation is the judgment of felony circumstances.

“Other than this, it’s not clear whether or not actually all judges are included within the reported figures in all international locations.”

With out a supply for the chief justice’s declare of a world common, we will solely charge this closing declare as unproven.

Is calculating the ratio of judges and magistrates to the inhabitants helpful?

The ratio of judges and magistrates to the inhabitants is helpful relying on what you’re utilizing it to point out, Wachira Maina, a constitutional lawyer in Kenya instructed Africa Test.

He gave an instance of utilizing the ratio of the variety of medical doctors to the inhabitants as a metric for entry to well being, and of cops to measure entry to safety companies.

Nevertheless, he stated, ratio information leaves loads unspoken, such because the distribution by area and by city and rural areas. Due to this fact “to find out entry to companies, you’ll nearly definitely want further data”.

“A excessive ratio by itself doesn’t show that most individuals have entry to companies, merely that if companies had been equitably distributed, they usually not often are, extra folks would have entry,” Maina stated.

“Be mindful although that you simply can’t improve entry until you’ve gotten the numbers, so the ratio does nonetheless say one thing helpful.”

Chris Kerkering is a litigation supervisor at Katiba Institute, an organisation in Nairobi that promotes the data of Kenya’s structure. He instructed Africa Test that inhabitants doesn’t robotically equate to a choose’s caseload.

A really litigious society would have extra circumstances per inhabitants, he stated.

Caseload and caseload weighting, which Kerkering described as not solely counting the variety of circumstances but in addition with the ability to decide how a lot time every respective case would take, could also be one of the best ways to find out whether or not a judiciary has the suitable variety of judges.

However since doing a comparability between totally different international locations with totally different authorized techniques and totally different cultures can be close to unattainable, “judges per inhabitants is an honest combination”, Kerkering stated.

He stated the chief justice’s focus was on entry to justice. “If there are usually not sufficient judges and the employees that help them then they’re unable to supply the companies that the judiciary requires. Case backlogs develop into one of many extra apparent issues. Fewer judges imply that every choose is taking extra circumstances.”

“The extra circumstances a choose has, the extra time it takes to get by them. Entry to justice requires well timed choices. The phrase ‘justice delayed is justice denied,’ is so generally used for a cause. Usually, as a case winds its method by the courtroom system, avoidable delays end in long run hurt.” 

“A judiciary that may’t get by its caseload promptly can’t guarantee entry to justice as required by the structure.”


Carlos Mureithi is a journalist based mostly in Nairobi, Kenya

Additional studying:

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Nigeria and Covid-19: Fact-checking claims about vaccines and lack of research

Nigeria is struggling to mount an effective response to the coronavirus pandemic, according to a top pharmacist.

Sam Ohuabunwa, the president of the Pharmaceutical Society of Nigeria, said in a May 2020 interview with Punch newspaper that the government could have done more to reduce the spread of Covid-19.   

Two months earlier, Ohuabunwa had poked holes in Nigeria’s readiness after its first case was confirmed on 28 February. As of 17 June, the country had more than 17,000 cases and 455 deaths. 

The pharmacist made a number of claims in the interview, covering research and vaccines. We took a closer look at four of them.


‘In the 1970s and 1980s we were producing vaccines.’



Africa Check reached out to Ohuabunwa for his evidence for the claims, but he is yet to respond. We will update this report when he does.

His claim that Nigeria had made vaccines decades ago was in response to a question on whether the country could have been part of the global race to find a vaccine if a production laboratory in Lagos was still functional.

Ohuabunwa described it as a “shame”. 

“You can see that we are going backwards in every aspect. If in the 70s and 80s we were producing vaccines and in 2020 we are not producing any,” Ohuabunwa said.

Lagos lab producing vaccines from 1930s

A vaccine is a biological preparation that helps the body’s immune system recognise and fight viruses and bacteria. 

Nigeria’s Federal Vaccine Production Laboratory in Yaba, Lagos was created from the Rockefeller yellow fever laboratory, established in 1925.

“The Yaba laboratory started producing smallpox vaccine in 1930s, followed by anti-rabies vaccine in 1948 and yellow fever vaccine in 1952,” Oyewale Tomori, a professor of virology and former president of the Nigeria Academy of Science, told Africa Check. 

A 1987 technical consultancy report on the laboratory showed that it was making yellow fever vaccines in the 1970s and 1980s. It produced 316,000 doses of yellow fever vaccine in 1978, reaching a peak of more than 500,000 doses in 1987. 


‘… in 2020 we are not producing any [vaccines].’



Ohuabunwa lamented Nigeria’s inability, in 2020, to have a working lab to make vaccines. 

Tomori, the regional virologist for the WHO Africa region from 1994 to 2004, said there had been attempts to upgrade the Yaba vaccines laboratory in 1991.

But several national setbacks, including political instability, meant this did not happen, he said. 

“That facility should have been upgraded to produce more vaccines, but it gradually became inactive,” Tomori told Africa Check.

Could there be others making vaccines? 

Partnership to reduce reliance on imported vaccines

The Nigerian Institute of Medical Research, established in 1977, has a mandate to research and produce human vaccines.

Prof Babatunde Salako, the director general of the Lagos-based institute, said it did have a vaccine production laboratory, “but it is not functioning well”. He didn’t clarify the lab’s level of functionality. He directed Africa Check to the pharmaceutical firm May & Baker.

In 2017, the Nigerian government partnered with May & Baker to revive the federal vaccine laboratory in Lagos and start local production of vaccines until 2021. This, it said, would make Nigeria less reliant on international donors such as Gavi, the Global Vaccine Alliance.

“Yaba facilities are being resuscitated for renewal of production of yellow fever and measles vaccines with plans for an ultra modern vaccine plant in Ota, Ogun State,” May & Baker’s website says about the project.

We have asked the firm if it has produced any vaccines yet, and will update this report when they respond.

Vaccine lab remains locked

Tomori told Africa Check that no human vaccines were currently being produced in the country. Only vaccines for animals were being made.

“There is no vaccine lab in Nigeria except at the National Veterinary Research Institute, Vom, which is producing veterinary vaccines. The vaccine lab at Yaba is dead.” 

He said the federal government’s partnership with May & Baker was an attempt to change this. 

In May 2020, Nigeria’s parliament passed a motion urging the government to reopen the Yaba facility to help fight diseases such as Covid-19.

Chike John Okafor, the federal lawmaker who raised the motion, said the laboratory was closed for upgrades in 1991 and remained locked.

“The House is aware that in 2017, the federal government signed a partnership agreement with May and Baker Nigeria Plc to float a company named Biovaccine Limited for the commencement of local vaccine production in Nigeria, however, the company is yet to commence the production of those life saving vaccines,” Okafor was reported saying.


‘Nigeria has 69 research institutes.’



Ohuabunwa urged the government to properly evaluate and fund those who had claimed to have treatments for the virus.

“For Nigeria to have 69 research institutes shows that Nigeria understood that research pays, but the question is what are they doing?” he asked. “If you go to them you would see they are not well funded.”

Africa Check has asked Ohuabunwa what types of research institute he was referring to, as they vary from public to private and independent, and those at universities.

Fewer than 69 institutes

We traced the claim of 69 institutes in Nigeria to the blog Fatherprada. It says it provides “inspirational quotes as well as the very best of student-related content”.

Enebeli Ifenayi, who works on the blog, told Africa Check that “the figure may not be complete. We only listed 69 known research institutes in Nigeria.”

But according to Nigeria’s National Bureau of Statistics, the number is incorrect. 

Dr Baba Madu, the head of the bureau’s national accounts and macro-economic analysis unit, told Africa Check that according to 2020 data,  “Nigeria has 41 research institutes not 69 institutes. That is the figure we have in our data.”  

We also looked for publicly funded institutes in budget documents. Nigeria’s proposed budget for 2020 lists 34 centrally funded research institutes.

Inadequate funding of existing institutes

But without clarification of what type of research institutions Ohuabunwa meant, we can only rate this claim as unproven.

Experts, however, agree that research institutes are not adequately funded. 

“Rather than talking about the number, I’ll talk about a merger,” Prof Babatunde Salako, the head of the Nigeria Institute of Medical Research (NIMR), told Africa Check.

He said in his view, all health research institutes in Nigeria should be collapsed into one to save public funds and strengthen collaboration.

Tanimola Akande, a professor of public health, said research institutes in Nigeria were not funded to “be really productive”. 

“The enabling environment for high impact research is scarce,” he told Africa Check.


‘No single Covid-19 research has been sponsored in Nigeria’.



I can tell you conclusively and authoritatively that to date, no single research [into Covid-19] has been sponsored in Nigeria. None, the government has not sponsored any,” Ohuabunwa said. 

But he is off the mark here. 

In March 2020 the Nigeria Centre for Disease Control announced that researchers had sequenced the genome of the coronavirus strain in Nigeria’s first Covid-19 case. “It proved it to be a match with the virus circulating in Italy and Wuhan,” the centre said.

‘Covid-19 research with government funds’

The NIMR’s Salako said Ohuabunwa’s claim was incorrect.  

“It would not be right to say no single Covid-19 research has been sponsored by the Nigerian government,” he told Africa Check.

He said the NIMR was conducting a trial of chloroquine and erythromycin, funded with a donation from the minister of works and housing, Raji Fashola

Salako added that scientists at the institute were also trying to come up with a diagnosis kit and working on a candidate vaccine.

“All this research is happening in NIMR and is being done with government funds, not ours. As I speak to you, researchers are conducting research on Covid-19, and it isn’t their money they are using to do research.”

© Copyright Africa Check 2020. Read our republishing guidelines. You may reproduce this piece or content from it for the purpose of reporting and/or discussing news and current events. This is subject to: Crediting Africa Check in the byline, keeping all hyperlinks to the sources used and adding this sentence at the end of your publication: “This report was written by Africa Check, a non-partisan fact-checking organisation. View the original piece on their website”, with a link back to this page.

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