JUDICIARY OUT TO CLEAR BACKLOG IN CHILDREN CASES.

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BACKLOG

Milimani children court chief Magistrate Lucy Gitari with her counterpart addressing court reporters at Milimani law court media briefing center on Tuesday December 1, 2015.

BY SAM ALFAN.

The judiciary has embarked to clear a backlog of 4435 cases in the children’s court which have been pending since 2002 to 2010.

This is cases that were filed and never pursuit or those who flied may have obtained orders but never ensured that the matter was heard into conclusion, thus creating backlog of cases in the children division.

Magistrates drawn from criminal division are assisting parents and guardians to understand the need to have matters concluded through settlement or the same be heard and a decision or a judgment is made.

The officers have taken the advantage of during the service week currently taking place at the judiciary to ensure parties understand why there is need to clear backlog of cases especially in the children division.

The judiciary has similar action i the civil division of the high court where thousands of cases were either dismissed  for want of prosecution or some were listed for hearing on a priority basis.

“For efficient running of the children’s court, there is need for the judiciary to manage its case load by ensuring completed cases are done away with” Chief Magistrate Lucy Gitari said.

If such efforts are made will help in budgeting, staffing and provision of resources that will ensure smooth operation of the court.

The Children’s court has jurisdiction to handle matters touching on civil that may include,
Parental responsibility, Children’s Institution, Guardianship, Custody and maintenance, Protection and  care of children, Foster care placement and Child offender

The children’s court can hear a charge against any child save  for murder or where a child is charged jointly with an adult.

Before the promulgation of the new constitution, there was no clear distinction between the custody cases, maintenance cases, guardianship or care and protection cases.

The new constitution has brought guidance and the safeguard of rights of the children the” Magistrate Gitari said.

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