Abstract:
Records management plays an important role in any judicial system. Indeed, records
provide the basis of critical and objective decisions in courts. However, records
management practices in the Judiciary of Kenya are not mainstreamed thereby
contribute to case backlogs and delays in the delivery of justice. This study investigated
the contribution of records management to the Judiciary transformation processes with
a focus on Milimani High Court, Nairobi, Kenya. Specifically, the study investigated
the types of records maintained at the Milimani High Court; effectiveness of records
management practices; available infrastructure to manage records; contribution of
records management in supporting the judiciary transformation process; and propose
strategies for improving records management to enhance the judiciary transformation
process. The study adopted a mixed methods research approach and case study design
which involved the collection and analysis of both qualitative and quantitative data. The
study was informed by Records Continuum model and Theoretical Transformation
model. Data were collected from 63 respondents who comprised judicial officers, court
officers, and court users. The data was collected using interview guides, observation
checklist and from documentary materials. These were the instruments used to collect
data. The quantitative data collected was analysed through descriptive statistics while
the qualitative data was analysed thematically. The study found that the contribution of
records management to the Judiciary transformation was undermined by poor
management of various types of court records maintained at Milimani High Court. The
study also revealed poor record keeping practices; lack of a records management policy;
inadequate knowledge and skills for linking records to the administration of justice; and
insufficient security measures to safeguard the court records. All these undermine the
transformation process in one way or the other. The study concludes that records
management at the Milimani High Court has not contributed effectively to the Judiciary
transformation process due to lack of proper central authority responsible for managing
both paper and e-court records; lack of fully-implemented records management policy
to guide staff on record management; inadequate records storage equipment; inadequate
management of e-records; and inadequately trained records management staff. The
study recommends sound record keeping practices of all types of court records to reduce
loss of court files and enhance prompt retrieval and dissemination of e-records;
approval of the existing records management draft policy to support the transformation
process; provision of appropriate records storage equipment; development of human
resource capacity to manage paper &digital records; development of a records
management programme for both paper and e-records which are created online by
registry staff; top management support to facilitate sufficient budgetary allocation to
incorporate information and communication technologies (ICTs) in all business
processes and implementation of a digital strategy to enhance the transformation
process.