"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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