This archive report was first published on 3 December 2019.
Published on December 3, 2019, the judiciary has set aside five days to dispense over 600 cases involving minors at the Nakuru Law Courts.
High Court Judge Lady Justice Joy Matheka emphasized the judiciary's commitment to ensuring that cases of defilement against minors are heard and determined within ninety days.
Justice Matheka noted that minors and their families suffer physical and mental anguish when such matters drag before law courts for long periods, requiring them to narrate the ordeal repeatedly.
“We are keen to reduce a backlog of cases involving minors to cut down on time and resources spent by their families in attending court sessions. It is also healthy for their mental wellbeing that the cases are disposed within the shortest time possible,” said Justice Matheka.
During the Children’s Service Week held at the Nakuru Law Courts, Lady Justice Matheka highlighted the National Council on Administration of Justice (NCAJ) procedures and rules for handling cases involving minors.
According to NCAJ, 60 percent of crimes committed in counties involved sexual offenses, with Kilifi having the highest prevalence at 90 percent, where seven out of ten persons accused of defilement were adults.
The Council expressed concern that six out of ten cases pending before courts were sexual offenses, while one in ten cases of sexual assault against minors took more than two years to resolve.
Justice Matheka further emphasized the need for expedited justice for children through the use of alternative dispute resolution mechanisms, ensuring victims receive justice.
“Offenders who are minors should only be detained as a last resort. As a country, we need to create safe spaces and channels for children to report abuse to police, courts, and other authorities in compliance with the 2010 constitution,” she said.
Nakuru County Attorney Caleb Nyamwange stated the devolved unit's commitment to securing the well-being and human rights of vulnerable minors, particularly street children.
He announced that the county administration had set aside Sh10 million towards the construction of a street children's rehabilitation and education centre in Njoro Sub-County, accommodating 80 minors once completed.
Nyamwange called on stakeholders and legal practitioners to develop a framework where minors from poor backgrounds can enjoy free and effective representation before courts.
“There have been cases where wealthy sexual offenders hire the best lawyers to defeat justice against poor and vulnerable victims. We must ensure that justice is served equally across board regardless of one’s financial status and social standing,” said the County Attorney.
Justice Daniel Musinga noted that the Judiciary had established Small Claims Courts (SMCs) to clear a backlog of pending cases, particularly in matters where claims do not exceed Sh200, 000.
