Child Justice System in Kenya: Working Towards a Human Rights Based Approach

Abstract

The child justice system in Kenya is a key component of the criminal justice sector in making sure that juvenile offenders do not revert to crime and as such they are effectively enabled to fit back into society. Child offenders in these systems are by law guaranteed of their basic human rights. Nonetheless, there still exist a myriad of human rights violations meted on these child offenders. There is generally a lack of adherence with the provisions of the rights concerning the child especially concerning matters protection of children’s best interests. The objective of this study is to highlight these human rights violations and establish whether the laws in Kenya are adequate in addressing them. It has been argued that Kenyan laws on child justice administration have not been reviewed in a long time and that it is possible that they may not reflect and fully comply with the evolving national and international standards of rights of children. This study utilised both doctrinal and field research methods. Doctrinal research focused on primary legislation in Kenya as well as other secondary documentary sources such as institutional reports and government reports. Data obtained from field research was done by way of key informant interviews of various actors in the justice system. The study revealed that indeed child offenders face quite a number of human rights violations which include children being detained with adults, children going without food and education; and children with disabilities are not accorded reasonable accommodation among others. The recommendation of the study was that there is need to empower the institutions that are involved in the justice process by for instance providing more funds as well as equipping and motivating employees of borstal institutions. Additionally, Kenya’s legal framework needs to be reviewed as it still falls short to some extent by for instance lacking a separate legislation for child justice. In view of all above findings, reintegrating children in conflict with the law requires a holistic approach that protects their rights. This will involve all key stakeholders and the society at large.