- Institutions working with children say there are many gaps in the child justice system that allow for violation of their rights.
- Team opposes lowering of the age for sexual consent to 16 years.
Image: FILE
The Judiciary and civil society orgainsations want the state to speed up the Children's Bill to enhance juvenile justice.
During Milimani Children's Court open day yesterday, institutions working with children said there were many gaps in the child justice system that allow for violation of their rights.
Justice Martha Koome, the chairperson of the task force on children matters, said there are many children wrongfully placed in rehabilitation and detention centres.
“Many children committed to rehabilitation centres are in need of care and protection,” Koome said.
“The children are languishing in institutions instead of leading a normal life.”
Koome proposed for the implementation of the Bill, which she said includes alternative methods of correcting and punishing children who already have strayed or are likely to stray.
“Diversion, as an alternative method, should be implemented at different stages. It can be in the community through counseling or programmes that put children who are likely to commit a crime or have committed one under check,” she said.
The team also opposed the ongoing debate on lowering the age for sexual consent to 16 years.
Millie Odhiambo, chair Parliamentary Caucus for Children, said despite having a need to deal with early sexual development of children and rising cases of underage consensual sex, lowering consent age for sex is no solution.
“Three-quarters of cases that came to organisations dealing with children are on abuse. Lowering the consent age for sex will only put our children at risk of older predators who pounce on naïve children,” she said.
The Mbita MP threatened to take the Children’s Bill to Parliament as a private member if the Attorney General fails to act on it in 14 days.
“Surrogate mothers are being arrested for child trafficking while the state continues to ignore the real problem. The AG should table the Bill in two weeks or I’ll take it as a private member,” she said.
The Judiciary registrar Anne Amadi urged parties to consider mediation to solve family issues touching on children to ensure peace and their well-being.
Amadi said mediation takes 60 days and both parties are left satisfied with the decision, which is often reached by all parties.
She said in the last year and half, 204 files were screened, 235 referred to mediation, 118 concluded and six terminated.