Right to Legal Representation of Children in Conflict With the Law in Kenya:an Interrogation of the Adequacy of the Legal Framework

Abstract

Children are some of the most vulnerable members of the society. It is for this reason that they are prone to be severely affected by the inadequacy of the Kenyan legal system, with regards to the right to legal representation. Majority of the children who violate the law, are arrested and arraigned in court without any legal assistance. Their young age and inability to fathom fundamental principles of the law such as the rights of an arrested person, plea taking, arguments on bail and bond, examination and cross examination and raising points of objection, have acted to their detriment in a court setting. This study examines the right to legal representation of children in conflict with the law in Kenya. It begins by tracing the historical background of this right in Kenya from the pre-colonial era to the present day. It interrogates the extent to which Kenyan and International laws provide for this right and flags out the challenges that hinder the implementation of this particular right. The study considers best practices from comparable jurisdictions including, UK, USA and SA. From the best practices, scholarly and parliamentary proposals, this study recommends possible interventions including law reform, enactment of pending bills, political will and support from the executive, collaboration and synergy between the players in the justice sector and being intentional with benchmarking for institutions.