BY SAM ALFAN.
Chief Justice Martha Koome has decried low funding to sectors handling children matters as she called for an increase in budgetary allocation to speed up hearing of cases involving minors.
The Judiciary boss acknowledged the limitation in funding and budgetary allocation across all justice agencies handling children matters to enhance and protect the rights of minors.
Speaking during the launch of of this year’s Children Service Month, CJ Koome directed all courts across the country to hold the Annual November Service Month on Children Matters.
This she said will not only clear backlog of children cases but also to promote the rights of the child within the communities.
‘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,” said the CJ.
According to the CJ, the backlog of children cases is yet to be dealt with fully.
She, however, pointed out that the Judiciary has institutionalised the Service Weeks as an intervention to deal with this concern.
CJ Koome added that the past experience with Service Weeks mounted in past years shows that has been a useful intervention in tackling the problem of backlog.
“For example, due to the collaborative efforts of the justice agencies, last years’ Service Month saw 1,825 cases resolved. This shows the great potential of this initiative. Therefore, I congratulate and thank my colleagues in the Judiciary and the Court User Committees for responding to the call to enhance the rights of the child during the Service Month,” said CJ
The CJ added that to further consolidate on the gains, they must also promote the multi-door approach to disputes resolution.
“I therefore direct that cases of children in conflict with the law should be diverted at first instance. In so doing, I call upon the Secretary on Children Services and the Department of Probation and After Care Service to collaborate on development of diversion programs which will help our children in their rehabilitation”.
She also directed that as indicated in section 225 of the Children Act – 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.
She further urged Judges and Judicial Officers to utilize virtual courts to enhance expeditious access to justice for children cases.
CJ Koome reiterated that the court process must not be abused as a place of discipline or reform for our children.
“I implore you to utilize other avenues like counselling and religious instructions to help with instilling discipline and values for the children,” added the CJ.
The Judiciary boss also encouraged 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 recognized Kakuma Law Courts and Machakos Law Courts for launching their Children Court User Committees to ensure that the CUC focuses and includes officers handling children in the system.
