Conditions necessary for implementation of Performance contract strategy: the case of the Kenyan judiciary
Abstract
The objective of the study was to determine whether the Kenyan Judiciary meets the
conditions necessary for implementation of performance contract, to establish whether
there are any unique circumstances that make it difficult for the Kenyan judiciary to be
placed on performance contract, and to determine how the Kenyan Judiciary could be
placed on performance contract without compromising its independence.
To achieve the aim of the study, the researcher used a case study in which the Kenyan
Judiciary was the unit of study. Primary data was collected using structured
questionnaires and interview schedules. The questionnaires were self administered. Once
the pertinent data were collected the researcher carried out analysis of the same using
percentages and frequencies. Where appropriate, the study results are presented in tables,
pie charts and graphs.
The study established that the judiciary met the conditions necessary for an organization
to be placed on performance contract as 33 percent of the respondents indicated that they
agreed to large extent with the statement that the judiciary had prioritised objectives for
performance. About 67 percent respondents indicated that they agreed to moderate extent
with statement that the judiciary had a clear strategic plan. The study also established that
there was political will to place judiciary under performance contract. But due to phobia
of being held accountable, institutional resistance (52%) and tradition, the difficulty in
target setting (47%). Also cited as a hindrance was need to preserve independence of the
judiciary. These have made in not possible to place the judiciary under performance
contract. The judiciary could only be successfully evaluated within the institutional
context.
The study recommended that the judicial performance evaluation should be carried out
within the judicial constitutional context and should be done in accordance with judicial,
executive and public expectations in order not to compromise the independence of the
judiciary.
Citation
MBASponsorhip
University of NairobiPublisher
University of Nairobi School of Business, College of Humanities and Social Sciences