Abstract:
This paper presents the results of an empirical
and theoretical literature review to understand
the challenges associated with managing court
records in the Kenyan Judiciary. Three research
questions are addressed: W hat records
management challenges are facing the Kenyan
Judiciary? What capacity building plans are in
place to ameliorate court records management
challenges? What lessons can the Kenyan
Judiciary learn from international court records
management best practices? The research
questions are underpinned by Records
Continuum Model. Results show that records
management in the Kenyan Judiciary faces
several challenges such as backlogs of cases;
lost, misfiled or damaged files; delays in
registering cases; locating records and filing
documentation; the lack of records management
policies; inadequate staff capacity, limited
awareness about the value of sound records
management; limited use of ICT and inadequate
budgets. As a result, decisions are made without
full information about cases. Besides, the
absence of systematic record keeping and
controls leaves scope for corruption and
collusion between court officials and lawyers.
The ISO 15489-1 is presented as the key best
practice mechanism for enhancing sound records
management that the Kenyan judiciary may
espouse. The subject matter of this paper is aimed at influencing policy and practice,
especially with regard to provision of the
appropriate competencies and skills needed for
sound management of court records to enhance
accountability, transparency and service delivery.