Institutional determinants of change management in the Kenyan judiciary
Change management involves the deliberate and coordinated actions taken to transform an organization to overcome environmental challenges in order to achieve its objectives. This study sought to establish institutional determinants of change management at the judiciary in Kenya. The study adopted a case study descriptive survey design and targeted judicial and administrative officers from various court stations in Kenya estimated at 4000. A purposive sample of 124 respondents was selected using stratified random sampling based on various clusters. This research relied on primary data which was collected using a semi-structured questionnaire which contained open ended and close ended questions. Both descriptive and inferential statistics were used to analyze data. It was clear from the study findings that the judiciary had a mechanistic structure with several layers. The structure and operational relationship between the officers as judges and magistrates and administration officers is unclear. However, some elements of organistic structure exist with some officers like the registrars and directorate mandated with powers to make decisions to a small extent. The findings further revealed that the legal structure at the judiciary was anchored in Article 159 of the Constitution of Kenya 2010 which defines the judicial authority and the legal system in Kenya. Parliament has also enacted the Judicature Act 2010 which makes provision for jurisdiction of the courts and the judicial Service Act 2011 which makes provision for judicial services and administration of the judiciary. The funding framework for the judiciary is to be from the Judicial Fund which provides funds to be used for administrative expenses of the judiciary as administered by the Chief Registrar of the judiciary. It was evident from the study findings that resources for implementation of the JTF have not been adequately provided by the national government thus slowing down the pace of JTF implementation. The study confirmed the important role of each of the stakeholders ranging from: Judicial officers, the Law Society of Kenya, prosecution, litigants and police who perform corresponding and complementary roles. Based on the study findings it can be concluded that the institutional determinants under study had a significant effect on implementation of change management initiatives at the judiciary in Kenya. The conclusion is supported by the study findings which showed that there was a very strong positive relationship (R= 0.932) between the variables. The study also revealed that 86.9% of the change management initiatives in the judiciary could be explained by the institutional determinants under study namely: Organization structure, legal structure and stakeholders‟ alignment. From this study it is evident that at 95% confidence level, the determinants produce statistically significant values and can be relied on to explain implementation of change management at the judiciary in Kenya. Arising from the study findings the following specific recommendations are made: Management of judiciary should infuse elements of organistic structure in the existing mechanistic structure to encourage innovations and more efficiency in service delivery; parliament to enact legislation indicating the percentage of the national budget which should be set aside for administrative expenses of the judiciary hence certainty on resource allocation to the judiciary; the management of the judiciary should closely consult with the relevant stakeholders before enacting any change management strategies thus ensuring ownership by the stakeholders for minimal resistance during implementation; legislation on the mandate of the management and leadership committee and the court users committees should be appropriately anchored in law to clearly spell out their role in the administration of courts in Kenya and judiciary staff needs to undergo training both locally and internationally to enable them obtain required skills in transforming the judiciary.