The adolescent and theft: Intervention by the juvenile courts

Abstract

Juvenile delinquency, especially theft by adolescents, is a fast growing phenomenon in the society. Its dramatic spread, particularly in the urban areas, calls for state action, both to curb its growth, and to reform the delinquent youth. Delinquent children can be categorized in two groups. The first group is described in section 22 of the Children and Young Persons Act (Cap 141), as children in need of protection or discipline. These are children who have not committed any criminal acts, but are none the less engaged in anti-social activities like begging, smoking, and frequenting places where alcohol is sold and consumed. Such children are generally out of parental control, and the law provides that they may be brought to court, so that appropriate orders, of a rehabilitatory nature, may be made in respect of them. The second category of juvenile delinquents are those who have committed criminal acts contrary to written law. The most common crime committed by the youth is theft. Indeed it is not uncommon in the Kenyan urban centres to see boys running at breakneck speed across the streets oblivious of the danger posed by motor vehicle .traffic, after snatching a necklace or watch from an unsuspecting victim, which item is later to be sold at a throw-away price to get money for basic needs. Whereas several texts have been written, and many seminars and conferences organized on the first category of juvenile delinquency, the second category has largely been overlooked - at least as far as the position in Kenya, the main focus of this study, is concerned. This thesis addresses the second category of juvenile delinquents. It represents an attempt to understand and to clarify the position of the adolescent who steals. It aims at unravelling the reasons why he steals, at examining the judicial process he undergoes when arrested, and the ultimate effect of legal intervention in his life through rehabilitation efforts.

11 To accomplish this, the concept of juvenile delinquency is first discussed. This is necessary as the offence of theft, although common, is just one act of delinquency. General causes of delinquency are also discussed. This serves as a prelude to the more focused discussion on the phenomenon of theft. Its ingredients are analysed, and legal and judicial decisions of relevance are considered. The discussion also includes causation, in relation to theft among juveniles. Next, the legal process applicable to cases of theft by juveniles, is examined. A discussion is undertaken on the role of the police, before the theft suspect is brought to court, and upto the time he appears before the magistrate. It is submitted that the laws that a child-accused faces in court are generally beyond his comprehension. The thesis devotes its discussion to the application of these laws, and considers how to improve the machinery of juvenile justice. The last major issue to be discussed is the methods of rehabilitation that the court may order for the adolescent offender. It emerges that each method - probation and institutional rehabilitation - has its specific role, and the roles are not interchangeable, even though for most offenders, probation is the most effective method of rehabilitation. The final chapter examines the issues discussed and conclusions reached in the body of the thesis. These points taken together, lead to the conclusion that the main cause of theft is found in the failure within the family to impart the right influences on the child. The conclusion is also reached that the law and the juvenile court have one basic goal, of rehabilitating juvenile offenders, if possible within the family environment.