A judge has asked the state to decriminalise sexual offences among adolescents.
Justice Jessie Lessit, the presiding judge in the criminal division, yesterday told JSC commissioners that adolescent sex has brought challenges since it is not easy to make decisions.
“I would like to see a diversity of such cases and personally, the defilement cases against the adolescents should be decriminalised and allow the children to be taken for counselling," Lessit said.
She said that the children should be seen to be behaving badly and not committing an offence because both the boy and the girl have no power to consent.
Lessit said they should not be taken to court because they would have defiled themselves.
The judge said she is fit for the position of a Court of Appeal since she has exercised independence in her work, citing a case of Kamlesh Pattni who was charged with murder.
Lessit said she acquitted him despite him having an inquiry.
The judge also said magistrates and judges' transfers have contributed a lot to case backlog.
She, however, said the case backlog has reduced to 1,000, saying that having a meeting with the lawyers and the DPP, they came up with a policy of no case adjournment.
Lessit said the Judiciary should exercise their powers without any influence and insisted that capital offenders should be represented on legality.
The judge said the increasing numbers of prisoners is due to the offenders being unable to raise bond or bail.
“It is difficult sometimes because the accused persons would plead not guilty and can’t be able to raise bail. It’s the duty of the court to be innovative and sometimes we give free bonds to reduce numbers," she said.
Lessit urged the Judiciary to automate court proceedings to make work easier and faster.
Commercial Division presiding judge Mary Kasango, who was also interviewed, was lauded for reducing the case backlog.
She told commissioners that previously, each judge in the division had offs for a whole week and she sat down with judges and made decisions where a judge was assigned to do certificates as others carry on with their cases.
“The changes have brought a tremendous change where we have hearings of all cases on Thursdays," she said.
When asked about being compromised especially by family or friends when having a case, Kasango said she would recuse herself from such matters.
Earlier on, Dr Kibaya Laibuta when asked about LGBT, said the country does not have to adopt certain cultures just because they are popular elsewhere. But if Kenyans decide they are tired of the current laws and decide to change them, "then who am I as a judge to reject them".
He said judges should be progressive in their thinking.
On case backlog, Laibuta said it is erroneous to say case backlog is attributable only to judicial officers. He said advocates too hugely contribute in backlog of cases and to cure it, judicial officers should employ case management.
He said all parties should always be ready to proceed during a hearing.
