The Effects of Magistrates’ Transfer on the Administration of Justice in Kenya- a Case Study of Courts in Nairobi City County

Abstract

Although studies have been carried out on staffing and transfers of judicial officers, there is limited empirical data on the effect of frequent magistrates’ transfer on the administration of justice in Nairobi City County. This study sought to answer the question on the effect of magistrates’ transfer on the administration of justice in courts in the county. Specifically, it investigated the effect of magistrates’ transfers on case backlog, on internal courts operations and on magistrates’ personal lives in four magistrates’ courts in Nairobi City County. It was a descriptive survey based on both the Uncertainty Reduction and the Socio-Technical System Theories. Using purposive and systematic random sampling, the study sampled 2597 stakeholders for the period between 1st September and 30th October, 2019 methods. Semi-structured questionnaires and key informant interviews were used to collect data. Quantitative data was analyzed using Statistical Software for Social Scientist (SPSS) Version 20 and results presented in tables and graphs. Qualitative data supplemented quantitative data. The findings showed that magistrates’ transfer leads to case backlog and delays, increases case administration costs, makes it difficult to organize the courts’ calendar and negatively affects the magistrates’ learning curve and education of their children. Judiciary should develop a widely acceptable transfer policy that give magistrates longer transfer notifications. Transfer and hand-over protocols should ensure that cases do not suffer unnecessary delays and costs and they should be such that they align transfers to the national education calendar. Insight from the study could enhance best practices in handling magistrates’ transfers in Kenya.