Don't settle child defilement cases out of court — CJ Koome

@ppcheti

Child defilement cases must never be resolved outside a court of law and a child's  virginity must never be exchanged for camels and goats.

That's what Chief Justice Martha Koome said in Lamu on xxx

She is in Lamu to preside over the launch of the Alternative Justice Systems Site in Mpeketoni, Lamu West.

The CJ said warned that cases of child defilment, early or forced marriages must never be resolved locally but in court.

Koome asked the Alternative Dispute Resolution, ADR Centre, to stay away from all criminal cases and instead focus on minor cases involving simple family disputes, land and succession.

She challenged judicial and security officers in the county to take note and ensure perpetrators of acts such as defilement are made to squarely face the law.

“There is a limit to what the ADR can do. They can deal with mild cases of family disputes, land, succession and conflicts between herders and farmers," The CJ said.

"Any cases that has to do with defilement, rape, attempted murder, robbery with violence and other serious offences belong to the courts for resolution,” Koomes said. 

The CJ used the opportunity to remind parents to ensure the needs of their children are fully met.

“We are talking matters food, shelter, clothing and all basic needs. No child should be neglected,”she said.

Koome also urged Lamu residents to speak out and expose land grabbers who are responsible for displacing scores of genuine land owners in the region adding that the judiciary shall not tolerate land injustices in the country.

“You know each other and you definitely know who owns land genuinely and who doesn’t. We want you to speak out and expose these people so that the judiciary can deal with them,”said Koome.

The coordinator of the Mpeketoni Law Court ADR Sub-County Committee Julius Gachoya revealed that the over 36 cases have been reported out of which 95 percent have been successfully resolved since the committee was formed a year ago.

The committee comprises seven members who offer their services for free.

The Alternative Dispute Resolution-ADR centre was established by the Kiunga Youth Bunge Initiative, through the Programme for Legal Aid and Delivery in Kenya(PLEAD)in partnership with the Mpeketoni law courts.

This is, a first and significant milestone that underlines the local court's commitment to strengthening alternative dispute resolution and accelerating implementation of the Alternative Justice Systems Policy.

Article 159(2)(c) of the Constitution explicitly requires the Judiciary to promote Alternative Justice Systems as a principle and a practice.

The success of the centre thus far has been dully credited to the efforts of KYKI and partners like PLEAD, UNDP Amkeni Wakenya who apart from providing funding, have also supplied computers to ease the work of the committee.

The success has also been attributed to the goodwill and passionate involvement of the Mpeketoni Court Users Committee-CUC which is chaired by senior resident magistrate, Pascal Nabwana.

(Edited by V. Graham)