Concern raised over safety of children within the justice chain

Voi, Kenya: Kenya leads African governments in the protection of children. Child protection ranking puts Kenya on top, showing that it has performed well in laying legal and policy foundations for the protection of children.

However, the National Council on the Administration of Justice – NCAJ has been challenged to establish safe shelters within the justice chain to protect children and ensure they accessed justice.

Chief Registrar of the Judiciary Anne Atieno Amadi spoke during a workshop that hosted about 42 magistrates and judges drawn from the Coast Region, in Voi town.

The judges and magistrates were asked to give a careful and an extra keen look when it comes to children’s interests and when handling their cases.

Amadi noted that children are more often than not put in same cruel environment with adults where some are reported to have been defiled.

She said the disabled children are not catered for while under judicial custody. But Kenyan law protects children against harmful traditional practices, trafficking and sexual exploitation. 

lt is one of the countries where corporal punishment is prohibited in schools and penal systems.

“Safe places should be made for them not to return to harsh places,” Said Amadi.

“When the children are brought to court, they are ‘no one’s responsibility.’ The work of managing them while they are within court precincts is left to the older ones in the group and the volunteers,” Mrs Amadi added.

The Chief Registrar observed that there are few correctional facilities for girls than for boys in Kenya making it difficult for magistrates to decide what to do with the rest of the girls who require the service.

She cited the Kirigiti correctional facility in Kiambu which she noted can only accept a limited number of girls.

“The court system is traumatic even for adults, how much more for children? A child coming to court is vulnerable. A child forced to testify in open court does not recover. A child remanded or defiled is stigmatized for life.” said the Chief Registrar.

The key components determining the Governments performance on protection of children include the ratification of international and regional legal instruments, laws that protect children against harm and exploitation and a juvenile justice system, national plan of action and coordinating organisation on children’s rights.