Enhancing Child Justice in Kenya: an Appraisal of the Implementation of the Rights of Child Offenders

Abstract

More than 12,000 children interact with the criminal justice system every year. A large percentage of these children are exposed to physical, mental and sexual abuse while interacting with the criminal justice system.1 This is despite the fact that there are safeguards within both municipal and international law to ensure that the rights of children in conflict with the law are safeguarded during trial. Courts in particular have an important role to play in safeguarding the rights of children in conflict with the law. This research intends to interrogate the structure of the trial process involving children in conflict with the law, the role of courts and other players in the child justice system in safeguarding the rights of children in conflict with the law and challenges faced in safeguarding the rights of children in conflict with the law. In addition, best practises from other jurisdictions e.g., the United Kingdom and South Africa will be sought and lessons derived from the good practices in those jurisdictions will be used to suggest a way forward in safeguarding the rights of child offenders.