Cases involving children will soon be dispensed with judiciously in West Pokot County following a decision to establish a child-friendly courtroom at the Kapenguria Law Courts in a move to spearhead access to justice on sensitive matters regarding minors.
Speaking during the meeting held up at the Kapenguria law courts board room, Principal Magistrate who is also in charge of the Children’s Court Stellah Telewa noted that establishment of a special court for children is going to be a significant step towards promoting child welfare and ensuring that their rights are protected under the legal jurisdictions.
Ms Telewa emphasized that child-friendly environments can help create a more supportive atmosphere for young victims or witnesses in court, minimizing their trauma and encouraging them to speak out openly without intimidations.
“Children always face vulnerability when involved in legal proceedings, whether as offenders or victims thus the need to have special court which is child friendly,” stated the magistrate.
She noted that the courtroom for children would be designed with an aim to provide an environment that helps mitigate the trauma associated with court experiences.
She expounded that having a courtroom for children is an effort that is crucial in ensuring that children’s rights are respected and that they receive the care and understanding they need during such challenging times when involved in cases.
“Today marks a very, very important day for us here in Kapenguria because we want to ensure that children get access to friendly children law courts,’’ said Telewa.
She indicated that there is a designated area within the existing Kapenguria law court building that has been set aside for the purpose of handling children’s cases.
“Establishment of the children’s court room is currently underway, with the final phase involving the furnishing of the space to ensure it is child-friendly before it becomes operationalized,” she explained.
She observed that all stakeholders involved in safeguarding the rights of all children have been consulted before the decision to create a children’s courtroom and they have all agreed that a special court should be used when handling cases involving minors at the Kapenguria law courts.
‘‘Children Court Users Committee (CCUC) is institutionalized under Article 35 of the Judicial Service Act and its purpose is to ensure that all the stakeholders are brought on board to ensure that children can access justice,” emphasized Telewa who is also the chairperson of CCUC in West Pokot.
She went on: “One of the crucial part of ensuring that children get access to justice is by ensuring that there is friendly children court.’’
Ms. Telewa disclosed that the designs of the courtroom will encompass child friendly colours, witness protection boxes, video conferencing and a registry with child maintenance gallery.
“Using child-friendly colours in the courtroom can help reduce anxiety and make the space less intimidating for young witnesses and witness protection boxes can provide privacy and comfort for children during witness testimonies,” she explained.
She said that they have collaborative effort to establish a Children Friendly Court with support from various stakeholders including World Vision, Equity Afia, Jitokeze Wamama wa Afrika, Deutsche Stiftung Weltbevölkerung (DSW) Kenya, Irep Foundation, Perur Ray of Hope among other key partners who have committed to donate items or resources for the initiative of establishment of the special court.
In an effort to make a court experience friendlier to children, the magistrate disclosed that they will create a kitchen to provide meals, have a bed for rest and establish a play station and learning centre with the aim to alleviate stress among children considered dealing with complexities of legal situations.
She said there is a strong commitment to improving the system for handling children’s cases through the new Children’s Act and with the active Children Court Users Committee (CCUC).
Magistrate Telewa emphasized there is need to safeguard children’s rights consistently and across all settings.
She highlighted that the new Children’s Act, coupled with the active involvement of the Children Court Users Committee (CCUC), provides a framework to ensure that children’s rights are prioritized and protected.
Ms. Caroline Menach, the Chairperson of Child Protection Network (CPN) in West Pokot County, reiterated the importance of establishing a child-friendly courtroom condemning sharing of courtrooms with adults.
“In collaboration with committed partners focused on children’s issues, Children Protection Network is working closely to enhance the Child Court Users Committee with an aim to improve access to legal aid for neglected and vulnerable children so as to ensure their rights are protected and their voices heard in the legal system. Children always feel intimidated and unwelcome when they share courtrooms with adults,’’ said Menach.
She said that children who are in conflict with the law need an environment where they can be nurtured and supported hence the need for a stable support system where they can be rehabilitated.
She said children involved in legal proceedings, especially those who are victims, often experience fear when testifying in the presence of their abusers hence the need for a witness box to enable them give their testimonies without confronting those who harmed them.
“During their court proceedings, a proper place needs to be created so that the children can give an account of what really transpired,” advised Ms. Menach.
She opined that the establishment of Child-Friendly Courts is crucial in addressing Triple Threats that is Child marriages, Forced marriages, and Female Genital Mutilation (FGM).
‘‘Proving a safe and supportive environment for children in court would enable those whose rights have been violated to voice their concerns and grievances more effectively. This empowers them and helps bring an end to the harmful practices against them,” argued the CPN Chairperson.
She expressed hope that the Judiciary will implement similar initiatives across all courts in the country to ensure that every child has access to the support they need in court.
According to the West Pokot County Director of Children Services Phillip Wapopa, the necessity of establishing a specialized court for children allows them to feel comfortable while giving testimonies to enable them to respond effectively when questioned in court.
He lauded the organizations that committed to donating the necessary items for the establishment and operationalization of a friendly Children’s Court at the Kapenguria Law Courts, noting that the move is crucial in ensuring the court has access to resources and facilities needed to navigate the legal process with confidence and safety when dealing children’s matters.
By Richard Muhambe and Anthony Melly
