Abstract:
ABSTRACT
The Kenyan Judiciary’s chief mission is to resolve disputes in a just manner with a view to
protecting the rights and liberties of Kenyans. To effectuate the above mission, the Judiciary
has in the recent past through commissions, task forces and strategic plans introduced several
strategies of change management. However, the strategies in place as seen in the Ouko
Commission’s Report have not fully addressed the concerns of consumers of justice as the
Judiciary’s performance is still wanting. The study was designed to investigate the effects of
change management strategies on performance in the Kenyan Judiciary. It aimed at
establishing how employing business process re-engineering impacted on performance in
Judiciary; to establish how allowing stakeholders control as a strategy of change management
impacts on performance of the judiciary and finding out how making use of Alternative
Dispute Resolution mechanism as a strategy of change has influenced performance in Kenyan
Judiciary. The study was based on three theories: Contingency, Institutional and Agency
theories. The study was a survey design and used questionnaires and key informant interview
to gather primary data. Target population was 98 staff and Court User’s Committee members
of the Nyahururu Law Courts. Using Cochran’s formula a stratified sample of 54 members
was studied. Secondary data was collected from the court documents. A pilot test was carried
out to establish the reliability and validity of the questionnaires. Data was analysed using
both descriptive and inferential statistics with aid of statistical package for social sciences
computer software tool. Quantitative data was presented using charts, graphs while
qualitative data was presented using narratives. Multiple regression and correlation analysis
methods were used to draw inferences. Correlation analysis showed that Business Process
Engineering had the highest R value at 0.562, followed by stakeholders control with an R
value of 0.406 and the most weak was Alternative Dispute Resolution (ADR) with a R value
of 0.404. This showed Business Process Engineering had strongest relationship to the
improved performance of judiciary, followed by stakeholders control and the last was ADR.
The study recommends further research into Challenges facing Staffs’ contribution to
Reforms Process in the Judiciary, impediments to effective Judicial Reforms in the
Magistrates courts and the effect of public vetting of judges on reforms in the country. The
study would benefit the judiciary staff in that after introduction of BPR they could be
empowered and collaboration among them improved resulting in performance.
