The Relationship Between Child Witness Testifying in Court and Panic Attack a Case Study of the Kenyan High Court

Abstract

This study examines the relationship between child witness testifying and panic attack in the Kenyan court. Over the last few years there has been a steady increase in the number of children who testify in court due to a number of factors. In this study the historical and current impact of the children's courts procedures were explored in various jurisdictions. It was observed that despite the enactment of child-friendly procedures and policies, their implementation has not received enough support by the court personnel. It was also observed that some jurisdiction enjoyed modern court facilities like; forensic interview, interview being videotaped, video links, receiving information concerning the courtroom procedure and having a supportive person in court while testifying. The theoretical framework for the study is based on Social cognitive theory (Albert Bandura 1977; 1986) and the Cannon-Bard theory of emotion (Walter Cannon 1932). Findings suggest that despite several legal amendments child witness still face challenges when testifying in a court of law. This is because there are aspects of the court process which continue to frustrate, confuse and cause distress to the child witnesses while testifying, hence child witnesses often found coming to court and giving evidence an overwhelming task that is characterised with intimidation and frustration resulting to panic attack. There is need for support to be enhanced so that witnesses to be better informed about the court process, and to be able to make their voices heard. The Kenyan criminal justice system should ensure that child witnesses feel they are valued and the provisions that accommodate and support child witnesses on the stand should be implimented.