This archive report was first published on 29 June 2020.
Published on June 29, 2020, a report highlighted the challenges faced by children in Kenya's justice system. The minimum age of criminal responsibility in Kenya is eight years old, allowing children as young as eight to stand trial.
While the Constitution guarantees the right to a fair trial and access to justice, it does not provide for mandatory legal representation for children. In contrast, the State provides a free lawyer to adults accused of serious crimes, such as murder, to help them navigate the complex criminal system.
Children can end up in the criminal justice system for petty crimes like theft and sexual offenses, as well as for begging and loitering. Cases involving children can drag on for years, with some trials taking longer than a year to conclude.
However, all this changed when the Child Offender Rules, contained in the fifth schedule of the Children Act, were declared unconstitutional by the Court of Appeal in 2006. The court ruled that the rules, which set time limits for trials involving children, were unconstitutional.
As a result, many cases involving children have dragged on for months or even years, with children missing school and carrying a social stigma. In fact, many children are held in remand homes while their cases are ongoing, missing out on their childhood.
Advocate Alubala, a child rights governance technical specialist at Save the Children, emphasizes the need for a child-friendly justice system. He recommends revising the age of criminal responsibility, making legal representation for children mandatory, and introducing timeframes for the conclusion of cases involving minors.
The Children Bill 2019, which proposes to replace the Children Act, contains provisions that address these issues. It seeks to raise the age of criminal responsibility to 12 years, make legal representation for children mandatory, and reintroduce timeframes for the conclusion of cases involving minors.
