While staff transfers are a common administrative tool across organizations, their implementation within the Kenyan Judiciary has become a significant point of contention, raising serious concerns about staff wellbeing, operational integrity, and overall productivity.

One of the most detrimental aspects of this policy is its disregard for the personal circumstances of staff. It is not uncommon for personnel to be transferred from geographically distant locations – for instance from Lodwar to Mombasa, or from Malaba to Mandera. Such moves are often made without consideration for the staff member’s family needs, their dependents’ schooling or their personal support systems.

This insensitivity extends to medical backgrounds and disabilities and unless explicitly raised by the staff member these crucial factors are frequently overlooked, potentially placing undue burden on individuals with specific health requirements. The ripple effect of such inconsiderate transfers can be devastating, leading to family disintegration and immense emotional distress.

The human cost of this unhazardous policy is palpable. Numerous reports indicate a surge in mental health challenges among Judiciary staff, with stress, anxiety and depression becoming increasingly prevalent. The constant uncertainty and disruption to personal lives take a heavy toll. Beyond mental health, the financial implications are equally severe. Transfers often necessitate increased living expenses, relocation costs, and the need to establish new households, all of which stretch already modest payslips to breaking point. This financial distress, coupled with the emotional strain, has unfortunately contributed to rise in substance abuse amongst staff, inevitably leading to a significant drop in productivity.

The policy often fails to account for staff profession, designation, or even grade. Why for instance would a support staff member be transferred from Busia to Baricho or a lower-ranking non-specialized officer be moved extreme distances from their homes? Their services are generally not specialized and their potential to compromise justice is remote. Such transfers appear to be punitive or arbitrary rather than strategically beneficial, draining resources and demotivating staff without a clear organizational gain.

Perhaps most critically, this transfer practice has inadvertently created an environment ripe for integrity challenges within the courts. When staff are burdened by increased cost overheads and financial distress due to arbitrary transfers, they may be tempted to engage in unethical practices. This compromises the very foundation of justice, eroding public trust in the institution.

While staff transfers are a necessary component of organizational management, the current practices within the Kenyan Judiciary are deeply inconsiderate.

The current transfer process which frequently occurs with limited consultation has generated several unintended consequences. These include adverse effects on staff wellbeing, financial and personal hardship, and a discernible impact on team stability and institutional output. A revised, more collaborative approach is recommended to address these challenges.

For the Judiciary to truly uphold justice, it must first ensure the welfare of its own. A comprehensive review and overhaul of the transfer policy are urgently needed. This must include:

• Planned and Consultative Transfers: Implementing a transparent and predictable transfer policy with adequate notice and genuine staff consultation.
• Consideration of Personal Circumstances: Factoring in family needs, medical conditions, and disability in transfer decisions.
• Strategic Deployment: Ensuring transfers are based on professional relevance, skill sets, and genuine organizational need rather than arbitrary movement.
• Support Systems: Providing robust financial, logistical, and psychological support for transferred staff and their families.

Only by adopting a humane and strategic approach to staff transfers can the Kenyan Judiciary foster a productive, ethical and well-supported workforce thereby strengthening the delivery of justice for all Kenyans.

Oscar J. Soi

Secretary General