Challenges faced by the judiciary in the implementation of its strategic plans in Kenya

Abstract

Strategic Planning is a pro-active result based management strategy adopted by institutions with a view to achieving their desired future (Judiciary Strategic Plan 2005- 2008). Strategic Management Process is a new concept in the Public Sector in Kenya not to mention the hitherto conservative Judiciary. The Judiciary does not exist in isolation. It exists in an environment hit by competiting and competitive forces where only the one with competitive advantage survives. Effective strategic management creates a productive alliance between the nature and demands of the environment, the organization’s culture and values, and the resources that has at its disposal (Musyoka, 2008). One must prepare for change otherwise change will change one as change is the only variable that is constant. One way of gaining competitive advantage is through strategic planning. A firm needs to formulate a plan on how to succeed in its mission and vision; two mandatory components in any organization worthy its existence. This is reflected in strategic plans. The Judiciary boasts of two such plans to wit Strategic Plans 2005- 2008 and 2009-2012. To have a strategic plan is one thing and to implement it is another. (Recall your end / beginning of year resolutions!). Despite these plans, the Judiciary has not fully realized its vision of “to be the best Judiciary Africa, setting the highest standards in the delivery of quality justice and leading in the development of jurisprudence “. vi One of the main problems lies in the implementation of the strategic plans. This is the focus of this study. Strategy implementation is very critical to the success of either public or private undertaking and can pose a number of challenges. The challenges arise from sources that are both internal and external to the organization and will depend on the type of strategy, type of organization and prevailing circumstances. The study targets the challenges the Judiciary faces and how it copes with the same. These are the two objectives of this study. A Case study was conducted targeting judges, magistrates and other senior officials of the Judiciary. Secondary data was also relied on. The main problems were lack of adequate resource allocation, absence of a well formulated strategy and lack of leadership and direction. Some of the mechanisms adopted to cope with the challenges were allocation of adequate resources, change of top leadership, team work and improved communication channels. In conclusion, there is need for the Judiciary to address the challenges it faces through the in-put of all the stakeholders. It must be ready to embrace change for it to remain relevant now and in the future.