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Kenya: Our Children Deserve Child-Friendly Courts

Published

6 years ago

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A child in trouble with the law in Kenya has more than their fair share of tragedies. First, a child, whom the law defines as anyone under the age of 18 years, can stand trial while as young as eight. This is the minimum age of criminal responsibility in Kenya.

Secondly, even though the Constitution guarantees the right to a fair trial and access to justice, the law does not expressly provide for mandatory legal representation for children. However, the State gives a free lawyer to an adult who is accused of, say, murder to help them to navigate the criminal system, which is difficult without representation.

Cases that can get children into the criminal justice system include petty theft and sexual offences. Sadly, children connected to the streets or in need of care and protection often find themselves in trouble for begging and loitering.

Thirdly, cases involving children can drag on for a very long time. Before 2006, minor offences involving children would be concluded within six months while those punishable by death — like murder and robbery with violence — would be concluded within a year.

However, all this changed when the Child Offender Rules, contained in the fifth schedule of the Children Act, which set time limits for which trials involving children should be completed, was declared as unconstitutional by the Court of Appeal in the case of Kazungu Kakiwa Mkunzo vs Republic.

For many cases involving children, ‘justice delayed is justice denied.’ The children spend months, or even years, having to make court appearances, missing school and carrying with them a social stigma. In fact, many of them are in remand homes as their cases are going on and they miss out on just being children.