Strengthening the Justice System for Socially Displaced Children in Kenya: a Case of Enhanced Right to Be Heard and to Participate in Judicial Proceedings

Abstract

The right to obtain justice is guaranteed by Articles 48, 159, and 232 of the Constitution. This right is critical as it accords equal protection to socially displaced children. This study is grounded in the notion that a minor's right to counsel and involvement in legal proceedings, particularly when such proceedings have an impact on their rights, are also in their best interests. According to Article 12 of the Children's Convention, state parties to adopt reasonable measures to permit children to voice their opinions and to give those opinions due regard. While this right has not been fully implemented, its scope has been elaborately defined in international, domestic and administrative frameworks. Although the youngster's right to take part in court cases is emphasized, this study acknowledges children's vulnerabilities and argues for child-sensitive court procedures and systems.