Marsabit stalled court construction gobbled up kshs 165M, says Judiciary as residents question its progress

By Nyabande Orwa

Residents of Marsabit County have on Thursday raised concerns over the stalled construction and completion of the new Marsabit law courts. They questioned how a decision was made to build a four-storey building yet a one-storey would have served them efficiently over the last 10 years that construction has been going on.

The concerns were raised during a public hearing forum on the Judiciary’s proposed 2027/28 financial year budget and Medium-Term Expenditure Framework, led by the Deputy Chief Registrar of the Judiciary and Judiciary Spokesperson Paul Ndemo.

Responding to the concerns, Ndemo admitted that it was erroneous to build such a massive building for Marsabit which would take almost 100 years to be used efficiently. 

He mentioned three other law courts in the country that have stalled because of budgetary constraints. Pleading for understanding from Kenyans, Ndemo explained that it was a decision made to build similar courts in various parts of the country like Lodwar and Homa Bay but a proper feasibility study was never conducted to assess needs for each court.

The Judiciary building, whose construction commenced in 2014, was initially estimated to cost Sh370 million. The public is not satisfied with the progress so far in that project that has gobbled up Sh165million.

George Galgalo, a representative of the Caritas Marsabit justice department, questioned the prolonged delay, saying ordinary residents continue to face difficulties accessing judicial services.

“When we talk of justice, we want action” Galgalo Said.

The Law Society of Kenya (LSK) representative in Marsabit, John Behailu, called on the Judiciary to fast-track completion of at least part of the building to ease congestion in the existing court facilities.

Behailu said the current facilities are inadequate to accommodate court staff and members of the public seeking justice.

“At times, you go to the registry and find some members of staff standing because there is not enough space to accommodate everyone,” Behailu said.

The advocate painted an image of a dilapidated court structure which is exposed to even monekys tampering with crucial documents in Kadhis court, who also operates from his chamber.

He urged the Judiciary to consider completing the current court as an interim measure to provide additional space for court staff and members of the public.

Office of the Director of Public Prosecutions (ODPP) representative Shadrack Nderitu expressed concern over poor infrastructure of the current court warning that the much anticipated el Nino rains could disrupt court operations.

“El Niño is coming, but the courts are not in good condition,” Nderitu said.

Responding to the concerns, Judiciary spokesperson and deputy registrar Paul Ndemo acknowledged the infrastructure challenges facing Marsabit and other parts of the country.

According to Ndemo, the Judiciary is engaging its buildings department and the public works department to assess the Marsabit project and determine how its completion can be fast-tracked. “We are in talks with the judiciary buildings department and public works to come and assess the building. The process of completing it will start this year,” Ndemo said.

Ndemo said the Judiciary had drawn lessons from stalled infrastructure projects and would, going forward, undertake proper feasibility assessments before commencing major construction projects.

He also pointed to limited funding for Judiciary infrastructure, saying the allocation of approximately Sh1.5 billion for infrastructure was insufficient to meet infrastructure needs across the country.

Judiciary has previously raised concerns over funding shortfalls. In the 2025/26 financial year, the institution received about Sh30 billion, against a request of Sh50 billion, leaving a funding gap of about Sh20 billion, according to the figures presented at the forum.

Beyond the delayed construction project, Marsabit residents also called for the reopening of Illeret Court, saying its absence has increased the distance residents in the Northern parts of the county have to travel to access justice.

Residents argued that reopening the court would bring judicial services closer to communities and reduce the cost and time associated with travelling long distances to seek justice.

The concerns come as the Judiciary continues to gather views from members of the public on its proposed 2027/28 budget, with residents in Marsabit calling for increased investment in infrastructure and greater access to justice across the vast county.