The role of records management in supporting the administration of justice at Milimani Commercial Courts, Nairobi Kenya

Abstract

Records are fundamental to the administration of justice and the protection of citizens‘ right in courts. Efficient and accountable court systems are widely recognized as a key component in the delivery of justice to citizens. In Kenyan courts, delays in administration of justice can usually be attributed to poor records management which leads to poor delivery of services to clients. The aim of the study was to investigate the role of records management in supporting the administration of justice at Milimani Commercial Court. The specific objectives of the study were to: examine the policy framework that governs records management practices at Milimani Commercial Court; determine the effectiveness of security measures put in place to safeguard the records; establish the adequacy of records management practices in supporting administration of justice and service delivery at Milimani Commercial Court; establish if the staff possess the right knowledge and skills in records management for quality service delivery; identify the challenges encountered in the management of records that impact negatively on service delivery and propose measures for improvement. The study was informed by Frank Upward‘s -Records Continuum Model. Data were collected from 127 respondents who comprised judicial officers, court officers, advocates and members of the public. Interview schedule was used to collect data. Qualitative technique was largely used to analyse the data. Quantitative technique was also used to quantify the research problem by generating numerical data that were transformed into useable statistics. The study found that the role of records management in supporting administration of justice was undermined by lack of a records management policy to govern the management of court records, ineffective security measures to safeguard the records, inadequate and poor records management practices that undermine the administration of justice and service delivery, lack of the right knowledge and skills for service delivery among staff members. The study concludes that records management at Milimani Commercial Court has not been effective in supporting the administration of justice. The study recommends a need for a records management policy framework to govern records management activities, good records management practices that will enhance administration of justice and expedite service delivery, a security policy be put in place and having backups, staff training and development and a disaster management program for records management.