The influence of judicial reforms on effectiveness of Kenyan courts the case of the Milimani commercial courts, Nairobi

Abstract

There have been various committees on Judicial Reforms initiated by the government at different times since independence to identify causes that inhibit the delivery of justice by the Courts, but no studies have been carried out to ascertain the influence that the judicial reform recommendations have had in transforming the Judiciary to a more efficient institution, which informs of the need for conducting this research. The study discusses the influence of Judicial Reforms on the effectiveness of Kenyan Courts in the delivery of justice using the Milimani Commercial Court in Nairobi as a case study. Three major reform committee reports which have had a remarkable impact on the Judiciary have been selected for this study and these were enacted or proposed in the years between 1992 and 2010. The purpose of this study is to determine the respondents' perceptions of the judicial reforms on the effectiveness of the Judiciary. The study objectives are to establish the influence of the recruitment procedure of Judges and Magistrates on the effectiveness of the judicial system; the influence of deployment and promotion procedure.. of Judges and Magistrates on the effectiveness of the judicial system; the influence of the excess workload on the judicial officers and the influence of terms and conditions of service on the effectiveness of the judicial system. The research design used in this study is cross-sectional survey, which is descriptive in nature. In addressing its objectives, the study seeks to determine the influence of implementation of the reform agenda by, the government on-the effectiveness of the Judiciary by seeking views of the target population which comprise of Judges/Magistrates, Advocates, Paralegals and Law firms' clients being represented by the Advocates. An extensive literature survey on Judicial Reforms has been carried out thorough analysis of relevant statutes, academic literature and reports of various committees formed by the government to look into ways of reforming the Judiciary. The main findings of the study confirm that reform committees did not improve justice delivery and the study thus recommends that the government adopts a pro-active approach in implementing the reform agenda. The findings are informative both for public dialogue on the discourse on judicial reforms and contribute in the implementation of the new Constitution through identifying possible solutions to reforming the Judiciary to a more effective institution based on credible evidence. Law firms and clients seeking justice in courts would also benefit as well as donors in assessing the integrity and worthiness to qualify the Judiciary for funding the development of its various infrastructures. The study results form a basis for further research.