Challenges to Successful Implementation of Performance Contracting in the Judiciary, Kenya: A Case of Nakuru Law Courts

Performance contracting refers to a binding agreement between two or more parties for performing or refraining to perform some specified task(s) over a specified duration of time. For greater efficiency, service delivery and accountability, performance contracts are highly emphasized not only in the private sector but also in the public service globally, regionally and locally (in Kenya). Against the backdrop of the importance of performance contracting, the Kenya’s judiciary is yet to adopt and/or implement the same. The study examined the challenges to the successful implementation of performance contracting in the Judiciary in Kenya with an object of coming up with relevant recommendations to improve implementation. The study adopted an explanatory research design. The target population was limited to the judges, magistrates, state counsels and judicial staff based at the Nakuru Law Courts. Structured questionnaires with close-ended questions were used to collect the data.The SPSS software was used to process and analyze the data collected. The study findings indicated that there is performance-oriented culture in the Judiciary; the government has not ensured institutionalization of performance-oriented culture in the Judiciary; there is an ineffective communication system in the Judiciary; there are no distinct performance benchmarks in the Judiciary; and it is due and appropriate to entrench performance contracting in the Judiciary. It is concluded that institutional culture and communication techniques would significantly affect the implementation performance contracting in the Judiciary and that performance measuring tools are inconsequential to performance contracting in the Judiciary. It is recommended that an institutional culture that would embrace performance contracting be inculcated, effective communication system enhanced and performance measuring tools introduced in consultation with major stakeholders.