Attaining compliance for digital archiving through effectual implementation of legislative and regulatory frameworks in selected Kenyan universities

Legal and regulatory frameworks constitute the guiding provisions for record keeping globally. However, more often than not, such guidance does not adequately address digital records management. This study examined legal and regulatory frameworks governing digital archives in selected public universities in Kenya, to establish compliance in order to enhance digital archiving practices in the institutions. The study objectives were two-fold: to identify the legal and regulatory frameworks governing digital archives management (DAM) in Kenyan public universities and to establish the effectiveness of the identified legislative and regulatory frameworks in the management of digital archives. The underpinning model for this study was the Archives and Records Management Association (ARMA) Records Management Maturity model. Qualitative research and multiple case study designs were adopted, and data collection was undertaken using face-to-face interviews. The study targeted 205 participants from six public universities in Kenya. Saturation point was however reached after interviewing 29 participants in the categories of Archivists, Records Managers and Records Officers, and 39 participants in the categories of ICT Directors and ICT staff. Additionally, six Legal Officers were interviewed, one from each of the six institutions, giving a total sample size of 74 participants. Data was analysed thematically and presented in narrative descriptions. In a few cases, data was quantified and analysed in descriptive statistics for visual representation using pie-charts. The study established that Public Archives and Documentation Services Act (CAP 19) of the Laws of Kenya (2012) was the major law guiding management of public sector records and archives in the country. Subsequently, the study concluded that legislative and regulatory frameworks governing digital archives in the institutions were deficient and required rigorous review, design, and implementation. The study recommends that the Government of Kenya should fast-track review of Public Archives and Documentation Services Act.