Management of Records in Support of Prosecution of Cases at the Office of the Director of Public Prosecutions Headquarters in Nairobi, Kenya
Authors: Silvano Kipkebut  , Dr. Emily Ng'eno  , Cephas Odini  
Published: December 2024

Records constitute a critical aspect of the prosecution process and must, therefore, be well organized and cared for to support the successful prosecution of cases. However, the Office of the Director of Public Prosecutions has continuously encountered a loss of cases in the judicial system due to poor records management, which has negatively impacted the prosecution process. The aim of the study is to investigate the management of records in support of the prosecution of cases at the Office of the Director of Public Prosecutions headquarters in Nairobi, Kenya, with a view to enhancing the management of records for successful prosecution. The objectives of the study were:

To examine how records are created, captured, organized and pluralized;
To analyze factors that influence the management of records;
To establish how records are utilized in the prosecution of cases and assess the risks associated with the management of records and strategies that can be adopted to enhance the management of records.

The study was informed by the Records Continuum Model and the Intelligence-Driven Prosecution Model. The study adopted a qualitative research approach, and it employed the exploratory case study design. The study targeted a population of 75 staff, out of which a sample size of 63 respondents was drawn through the use of a purposive sampling technique. The sample size of selected respondents comprised prosecution counsels, records management officers, registry clerical officers, prosecution clerks and administrative assistants based at ODPP headquarters in Nairobi. Data was collected through the use of interview schedules, observation methods and document analysis. The qualitative data was analyzed thematically and presented in a narrative description. The findings established that the procedures for creating, capturing, organizing and pluralizing records are inadequately documented, with outdated policies governing every stage of the lifecycle. More so, there was the absence of comprehensive records management policies and procedures that govern the management of records. In addition, most records generated and received were predominantly manual, which resulted in loss and misplacement of records. Further, there was a scarcity of adequate knowledge and skills among the staff in the management of records. In sum, the findings established numerous challenges that affected the management of records, which hampered efficient service delivery in the judicial system. The study concluded that records management practices at ODPP are not well-documented and executed, undermining the prosecution of cases in the judicial system. The study recommends that the ODPP document the activities and policies that govern every stage of the lifecycle; develop and implement records management policies and guidelines; conduct training and capacity building for records management staff; avail adequate resources; and integrate ICT in the management of records.