The contribution of records management to the judiciary transformation at Milimani High Court, Nairobi, Kenya

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.