FACTORS INFLUENCING PERFORMANCE OF THE JUDICIAL SYSTEM IN KENYA, THE CASE OF DELAYED COURT RULINGS

Abstract

Purpose: The purpose of the study was to establish factors influencing performance of the judicial system in Kenya, the case of delayed court rulings.

Methodology: The paper adopted a desk top research design. The design involves a review of existing studies relating to the research topic. In this case, the researcher collected information relating to the topic of the study.

Results: Based on existing literature the study concluded that information technology, court rules and procedures, and collaboration between government agencies have significant impact on performance of the judicial system.

Unique Contribution to Theory, Practice and Policy: Based on the study findings the study recommends that there is need to initiate full IT integration in the entire court system. The judicial Service Commission should put in place rules or formulate rules and procedures limiting the number of mentions and adjournments in cases and further cause amendment of Civil Procedure Rules and Criminal Procedure Code by introducing a provision specifying how long certain matters should take between filing and determination to ensure management of case backlog, as has been done in election petitions which have a limited period of hearing and determination of six months from the date of filing by Election Courts. Further, there is need to build stronger relationship and cooperation between the judiciary and other government agencies.