Nyeri Law courts have launched a month-long drive aimed at expediting the hearing and conclusion of children’s cases as a part of the efforts of upholding the rights of children.
The campaign which has been dubbed the “Children’s Service Month”, is also seeking to strengthen the collaboration among actors in the legal justice system and ensure timely administration of justice for the minors.
Speaking during the launch of the campaign on Wednesday, Nyeri Presiding Judge, Justice Maureen Odero emphasised on the urgent need for joint collaboration in safeguarding children’s rights and protecting the welfare of the minors within the justice system.
“There is a need for collaboration within all the legal justice actors. Everybody has a role to play in ensuring that children who are in conflict with the law and children who are in need of care and protection receive proper and compassionate treatment,” said Justice Odera.
She noted that currently, there are 112 criminal cases at the Nyeri Law courts involving children,75 of which are sexual offences. Additionally, she said that the court is handling 81 civil cases involving children and another 58 cases of children in need of care and protection.
Justice Odero said that in line with this year’s theme – securing justice for every child, enhancing multi-agency collaboration and increasing budgetary allocation to combat child abuse – judicial officers will prioritise the disposal of children’s cases that have been pending in court for more than six months.
“The Nyeri law court has lined up a number of activities during this month including hearing and disposing of the backlog of children’s cases that have been in the courts for over six months. Aside from this service matter, judicial officers continually as they work, give priority to the hearing of children’s cases throughout the year,” she said.
She at the same time called for increased budgetary allocation for children’s matters to facilitate the construction of child-friendly courts. Justice Odera decried instances where children who are in conflict with the law sometimes find themselves confined in cells together with adults due to lack of adequate facilities.
“The budgetary allocation for matters affecting children remains small. Increased allocation will assist us to construct child-friendly courts such as those found in Nairobi, Mombasa and Nakuru. This will provide units where we can welcome our clients who are the children and have them in an environment where they can think free and they do not feel traumatised or afraid of coming to court. There is no doubt that the justice system that is adequately resourced will effectively respond to the needs of every child,” she said.
Nyeri Chief Magistrate, Elena Nderitu, noted that the judiciary had designated the month of November to amplify and remind duty bearers in child protection of their responsibility to uphold children’s rights.
She said that the Nyeri courts had adopted alternative dispute resolution mechanisms, including mediation, plea bargaining and community-based justice system to create a more child-friendly environment which will deter children from engaging in crime.
“This month’s theme reminds us that upholding our children’s rights is a collaborative effort. That is the dignity, the rights of children, rehabilitation, reintegration and ensuring that children who are in conflict with the law are taken care of. They are taken through the court system very fast without delays so that they can go back to school and they can go back to living a normal life,” she said.
“During the month, we internalise the ideals and the aspirations of the Children’s Act. It reminds us that when we are dealing with those children we should aim not to punish but to deter what led them to being in conflict with the law and we try to guide the children and ensure that they reform,” she added.
The event was attended by stakeholders from the Office of the Director of Public Prosecution, State Department for Correctional Service, Directorate of Children Services and the Kenya Police Service who called for improved collaboration and communication among all agencies in the justice system.
Nyeri Central Sub-County Police Commander, Andrew Mbogo raised concern over the sharp increase in offences against children in the area. He said that in the past three years where defilement cases had risen from 13 in 2023 to 20 cases this year. Mbogo also noted the sharp rise of cases of missing children from two in 2023 to 9 this year.
Mbogo however assured that the police are working closely with other stakeholders to ensure that cases involving children are professionally investigated. Officers handling such cases, he added, are being trained in child-sensitive procedure including proper collection and handling of evidence.
“This year there has been an increase in almost all the areas of child-related offences and that calls for us to collaborate to end this injustice on children. As the police service we are committed to ensuring that cases involving children are properly investigated and ensuring that justice is served,” he said.
Millicent Wambugu from the Anglican Church of Kenya Imarisha Program called for more emphasis to be placed on the emotional and psychological well-being of children.
“Sometimes children go through a lot of turmoil and are in need of psychosocial support. I think it is high time the justice system worked with other stakeholders to offer psycho-social support to these children,” said Ms Wambugu.
By Wangari Mwangi and Samuel Maina
