The Presiding Judge, Eldoret High Court Justice Reuben Nyakundi, has called for concerted efforts to improve infrastructure in the juvenile justice system across the country.
Justice Nyakundi said this would ensure children access justice in a more effective and efficient way, noting that the young generation are the future of our nation and hence require significant investment to preserve them to ensure the country has a moral and law-abiding generation in the future.
He was speaking during the launch of the sensitization on The Children’s Act 2022 during the Children Service Month themed A Child Centred Justice System, at the Eldoret Law Courts, an event which brought on board parents and other stakeholders including mediators, civil society organizations and others.
The activities for the service month include sensitisation on the Children Act 2022, backlog clearance in children’s cases, visits to child-holding facilities, and stakeholders’ engagement.
He noted that the law aimed at protecting the rights and welfare of children since it was amended to address issues that emerged since the Children’s Act 2001 and to improve on that law.
“To ensure justice to our children, clearance in child cases, improving child holding facilities, and certain interventions have to be done in ensuring children access to justice in Kenya,” he said.
He emphasized that taking care of children was not the role of the Judiciary alone but a collective responsibility with parents and other stakeholders.
Justice Nyakundi further urged the members of the Judicial system to ensure an appropriate environment in courts wherein children would be comfortable to interact with, especially when introduced to testify as witnesses in the docks.
“What preparations must we make before we introduce the children to the dock to testify, like the witness care room, in order to prepare them in advance for the court system, bearing in mind that some come from rural areas where they have never been to a to a court?” This will help boost their confidence to give an accurate account of events,” explained Justice Nyakundi.
He called on the government, in collaboration with stakeholders, to invest more in the juvenile justice system, like improving remand halls and other infrastructure to ensure children are accorded best care, while at the same time sensitising people on children’s justice up to the grassroot level in order to advise parents to allocate some of their time at home to inculcate moral values, discipline, and others to children to justice for themselves and the community at large.
The Presiding Judge urged parents to embrace reconciliation first at their homes before taking a child to court because of various offences, noting that with the help of mediators around the community, embracing reconciliation would help transform our societies and ensure our nation prospers as children are the future of the nation.
“I want to invite everybody in this county, all stakeholders, parents, and the political class. We must protect the rights of our children and be committed in how we take care of them. Let the children feel safe in our homes; ensure children’s rights are protected; take them to school, health, and others. We must build a strong foundation,” he added.
On his part, Justice John Wananda explained that common cases among children in defilement blamed parents for negligence as some of them leave their children under the care of other people, including relatives, hence leaving the children vulnerable as they are misled or misguided.
“Children do not belong to courts. We need to avoid them being brought into courts; that is why the Children Act 2022 has diversion, plea bargaining, and other ways to help settle cases out of court. Courts should be the last resort,” he said.
Chief Magistrate of the Eldoret Law Courts, Dennis Mikoyan, urged parents to prioritise the proper upbringing of their children from an early age, emphasising that this was crucial for instilling good morals and reducing the number of child-related cases in court.
He encouraged parents to take advantage of this Children’s Service Month to follow up on any legal matters involving their children to ensure they start school in January without hindrance.
Mikoyan took the opportunity to educate the public on various children’s rights, urging everyone to care for children around them, regardless of whether they were their own.
He also informed attendees about different ways to settle cases, such as mediation, which allowed both parties to reach an agreement outside of court, and encouraged the use of mediation wherever possible—except in cases of defilement.
“Another option is through the Alternative Justice System (AJS). Both parties will have the opportunity to reach an agreement, which can then be submitted to the court to be officially registered, preventing either party from reneging on their commitment,” he alluded.
He explained plans to establish community halls in every sub-county where people could seek justice through AJS, noting that accessing services through the Alternative Justice System would be free of charge.
By Ekuwam Sylvester and Were Ngani
