NAIROBI, Kenya, Nov 11 – Chief Justice Martha Koome has urged Judges to prioritise the hearing and determination of children related cases that have been pending in the courts for longer than the required six months.
Koome directed courts across the country to observe the annual November Service Month on children’s matters by promoting their rights.
“Colleagues, as we embark on this years’ Service Month, let us prioritize clearance of the Children matters, especially those that have been in courts beyond the statutory six months,” she said.
She said that the process aims to raise public awareness of children’s rights and expedite their cases at all courthouses.
“We are also trying to work with our Department of Performance and Measurement Unit to see to it that these cases of children that are in the system for more than six months pop up in our system and everybody is made accountable for why they have remained in the system for more than six months.”
CJ added that they promote the multi-door approach to disputes resolution in that cases of children in conflict with the law should be diverted at first instance.
Every court in dealing with a child who is brought before it shall have regard to the best interests of the child and shall take steps for removing him or her from undesirable surroundings and for securing that proper provision may be made for his or her maintenance, education, and training.
“I further urge Judges and Judicial Officers to utilize virtual courts to enhance expeditious access to justice for children’s cases,” she said.
She added that the communities should be given a small guiding framework on how we can protect the children especially.
Koome has also called parents to know that the court process must not be abused as a place of discipline or reform for our children.
She encouraged them to implore and utilize other avenues like counselling and religious instructions to help with instilling discipline and values for the children.
“I therefore encourage establishment of Children Court User Committees, which are instrumental in coordinating the delivery of justice in children matters and act as a vehicle to sensitize the community on matters related to child justice,” she said.
The Children Act of 2022 was finally Enacted in the Month of July has taken effect in Kenya.
It replaces the 2001 Act and provides enhanced legal provisions to safeguard the rights of children in the country.
