Critical Analysis Of The Records Disposal ACT CAP 14 Laws of Kenya In The Management Of Legal Records.

Abstract

The aim of the study was to trace the role of Law in general particularly in Kenya and the critical analysis of the Records Disposal Act Cap 14 Laws of Kenya in the Management of legal Records with a view of pin pointing the shortcomings for the purpose of amending the Act to protect the values of Legal Records in the case management. Chapter one is an introduction to the various aspects of the study tracing the establishment of the role of Law, the background of the judiciary and the enactment of the Kenyan Laws. The study aimed at establishing the general composition of the records Disposal Act Cap 14 laws of Kenya. Its ineffectiveness and extent of effectiveness in the management of Legal records, whether it meets the purpose of its enactment in the Kenyan Courts or not. Chapter Two’s focus is on the review of relevant literature to the study. It provides critical look of the literature relevant to this study. Chapter three discusses the methodology used in carrying out the research. The study used was descriptive design to portray accurately the characteristics of the Disposal Act Cap 14 in its application throughout the courts in the management of Legal Records. The reason for the choice is because it analyses the Act by describing the current general form, investigations, relations and the study effects of the phenomenon. The methods applied in the collection of Data was through self-administered questionnaires, interviews and at times discussions, and the data was collected from the different respondents to wit Magistrates, Executive Officers , Record Officers, Senior clerks, Lawyers and State counsels; the reason of using the respondents was because they are involved in the Daily functionaries of the Court. Chapter Four is the presentation of the analysis and interpretation of the research objectives and questions, pictures, statistical tables, charts and percentages were used for the organization of the Data and justification of the study. The Chapter discusses the application and the effects realized in the implementations of the Act in the management of Legal records in courts. Chapter five provides the summary of the entire findings, draws the conclusion and provides recommendations as suggestions that may alter the current scenarios in the management of legal records. The study revealed that the Act is too general and its application encourages disposal of records that have value and custody at times of records that are valueless. In recommendations thereof, the study recommends that appraisal should be carried out by trained Archivists , all courts to appraise within the specified timeliness, and the judicial authorities to constitute a committee to thoroughly peruse the Act and provide recommendations to the rules committee for eventual amendment of the Act.