A recent report on the status of children in the justice system in Kenya identified lack of specific budget allocation for children as one of the challenges hindering administration of justice for children in the country.
The report, dubbed the Report on Budgeting for Children in the Justice System in Kenya, which was informed by The Children Act No. 29 of 2022, shows that during the 2020/2021 fiscal year, the government allocated Sh 148.9 billion to Ministries, Departments and Agencies (MDAs) and only 2% of that, which is equivalent to Sh 2.85 billion, was set for children.
Despite this, according to the report, there is a need to invest in Child Justice Systems since violations of children’s rights or violence against children have adverse consequences on health outcomes and health risk behaviour, such as drug and substance abuse and promiscuity leading to sexually transmitted infections as well as a myriad of mental health problems, all of which are associated with the subsequent penetration of violence.
According to the report, in Kenya the prevalence of mental distress and suicidal ideation among females who experienced childhood violence is 77% and 41%, respectively; hence, the burden of violence against children has measurable effects on the country’s social, health and economic outcomes as a result of mortality and physical and emotional disability.
In the report, Chief Justice and President of the Supreme Court of Kenya, Justice Martha Koome, pointed out that the inadequacy of a budgetary allocation for children in the Justice system means that their constitutional rights, such as the right to health, food, water, sanitation, education and fair trial, are infringed.
According to Justice Koome, the existence of the huge financial gap within justice Sector institutions such as the National Council for Children Services, the Directorate of Children Services, the Judiciary, and the National Police Service, among others, calls for increased resources for the implementation of the Children Act 2022, whose enforcement commenced in July 2022.
In the report, Chairperson, National Council on the Administration of Justice (NCAJ) Standing Committee on the Administration of Justice for Children, Justice Teresia Matheka appreciated the findings, which provide strong justification for increased resource allocation to justice sector institutions dealing with the administration of child justice, especially towards the implementation of the Children Act No. 29 of 2022.
According to the report, it had identified the resource requirements for various institutions within the context of the Children Act No. 29 of 2022 as well as highlighting the importance of increased resource allocation for its implementation.
“The analysis aims to determine the financing required by each agency to fulfil its mandate within the Children Act,” the report read in part.
The report also highlighted the importance of ensuring all facilities established by the justice sector are child-friendly as well as the Child justice system, ensuring that all matters concerning children are addressed and they are accorded the services they require.
Resourcing all the Child justice agencies will ensure that the standards of the quality of care, infrastructure and coordination are commensurate to what the child needs.
By Kimani Tirus
