Wednesday, 9 September 2015

Vicious Cycle Of Child Crime In Kenyan Slums




 "The number of children involved in crime in Kenya today and all over Africa has reached the peak and the rhetoric is whether there is any one asking questions which relate to their redemption and justice."-Ms. Mulamuzi


Kenyan domestic law, like international law, recognizes the vulnerability and special needs of children. Kenya’s primary legislation concerning children is the Children Act, which came into effect on March 1st 2002. The number of children involved in crime in Kenya today and all over Africa has reached the peak and the rhetoric is whether there is any one asking questions that relate to their redemption and justice.

Petty Robbers

According to the International Journal of Current Research, most children committing crimes hail from slum areas of Kibera, Mathare, Korogocho and Mukuru in Nairobi. The children who grow up in these slums are exposed to dangerous behaviour because the mode of survival in the areas is often through crime. In his research Article, Crime Causes and Victimisation in Nairobi City Slums, Rev. Fr. Dr. Ndikaru Wa Teresia affirms that crime is mainly associated with unemployed youth.

It should be noted that the youth also have children who will grow up in such an environment. The child will see what his/her parent is doing and probably emulate.
Many times these children are used as weapons of theft by the older ones. Occasionally, they are staged on the streets to beg for money before starting to assault both pedestrians and passengers. They graduate into petty robbers who end up committing aggravated robbery; this of course makes them child offenders at an early age.


Hardcore Criminals

Some of the crimes committed include homicide, assault, defilement, and many others. With all these, the country is bound to have many child offenders who will grow up to become hard-core criminals terrorising the country. I cannot start to count the number of times my colleagues have advised me to hold my bag tight while travelling in a matatu or wind my window up as we drive around the Central Business District.

This is indeed absurd because it has become a norm, it is even expected that if you do not hold your bag tight it will be snatched from you. There are places in Nairobi where you go at the risk of being robbed without expecting help. The rhetoric’s in these averments are; how did we get here? Have we lost hope? Can we still save the children?

The law has tried to lay down deliberate structures on how to prosecute a child offender in a manner that will cause restitution and despite the elaborate model legislation; the juvenile justice system in Kenya is far from ideal. It is therefore our role as lawyers to safe guard the future: Represent a child offender as and when you can, advocate for legal aid schemes, get involved in amending legislation and this simple act will save a life.

In conclusion, this discovery simply gives us a narration that the legislation has been provided but the illusion is in the implementation of the same, there is therefore, need for both the Government and concerned stake holders to work together and breath life to the Sections of the Children Act.

-Ms. Mulamuzi is a lawyer

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