Shocking figures on crime among children

It's 9am on Tuesday. A boy (name withheld), who ordinarily should be in a classroom, is instead in an unfamiliar territory.

The boy, who is barely 10, is in the dock at the Children's court at Milimani in Nairobi, facing an arson charge.

The minor is accused of burning down their house. His parents reported him to the authorities. On that morning of November 10, this year, the boy was in court alongside a teenager who was facing a charge of being in possession of heroin.

They are among thousands of minors who have been caught on the wrong side of the law.

The cases the minors are accused of, including arson, violent robbery, sexual assaults, possession of guns and sending abusive texts through mobile phone, show they have lost their innocence.

If convicted, the children are required to serve at a correction centre or probation home.

Between today and Friday, the Children's court at Milimani will be clearing a backlog of 4435 cases.

The court will issue judgements or close files for pending matters filed between January 2002 and December 2010, according to a notice by Chief Magistrate, Nairobi Children's Court, Milimani.

Last year, the number of cases involving children increased by 485. In 2013, the children's courts recorded 1,200 cases but the number rose to 1,685 last year.

In the last three years, majority of cases involving minors are on drugs, sexual offences and theft.

This year, the statistics could rise further, considering 815 cases of children caught clubbing while indulging in drugs and sex.

In Nairobi, 220 children were recently arrested from a downtown entertainment spot on a Sunday afternoon for what is referred by teenagers as a jam session.

An additional 550 minors were caught in Eldoret recently, with police claiming they were indulging in alcohol and illicit sex. In Nyeri, 45 students were caught red-handed smoking bhang and having sex inside a bus in August.

Authorities are concerned about reported cases of children dealing in drugs. In 2012, seven narcotic cases were recorded and in 2013, the cases dropped to three.

Last year, 10 cases were filed, whereas this year, the number had risen to 12 by September.

In 2014, there were two cases of robbery with violence and another two cases in 2012.

Stealing stands out as a most commonly recorded vice between 2013 and this year. In   total, The Standard tallied 100 children who had been alleged to have stolen in Nairobi.

Besides engaging in sex, there is concern about rising cases of boys and girls defiling their younger siblings. Both the children helpline and the courts have recorded an upsurge in defilement cases and not only by adults but also by the under 18s.

According to data collected at Milimani Children's Court, 41 cases involving sexual offences were registered between 2013 and September this year.

Child Helpline 116 has recorded cases of 30 girls who were abused by their brothers; under 18 years, in separate incidences.

Cousins were also involved in the vice. The children's centre recorded incidences by boys against boys, which tallied to 11 cases whereas those against female cousins were eight.

Courts registers read that this year has the largest number of recorded defilement cases, with nine cases and three more of attempted defilement. There was also an incest case involving a child.

Moreover, there was an isolated case of a child caught with pornography material and another one caught doing unnatural act with an animal.

"The environment in which children are growing up is very 'sexualised'. Many advertisements have a sexual inclination (and are aired during inappropriate times), access to internet and pornography is relatively unrestricted because of congested living conditions some children and parents may be forced to sleep in the same room-perhaps with a curtain to separate the two 'rooms'. This then means the children are exposed to sexual activity and may want to act out what they see," Child Helpline coordinator Martha Sunda states. One such case involved a 16-year-old boy who was charged in court with "defiling" his girlfriend of the same age. A love escapade between two 16-year-olds was subject of heated court proceedings in a bid to unhook the boy, who was charged with defilement, although he insisted they mutually agreed to engage in sex.

The High Court had to determine whether the law was discriminatory to boys in an event that minors engaged in "consensual sex" and at the same time rule on whether the boy ought to serve the 15-year sentence he was to get if the Magistrates Court found him guilty of "defiling" his girlfriend.

On May 26, 2013, Magdalene Wanjiru (not real name) visited James Kimani's (not real name) house as they had both agreed and ended up engaging in sex.

The case drew the Law Society of Kenya's attention and it held that it would only be appropriate to have the two children punished.