BY SAM ALFAN.
The Judiciary and two national government department will collaborate on diverting children and the elderly from the prison system, Chief Justice Martha Koome has revealed.
Justice Koome said the Department of Correctional Services and Social Protection and that of Senior Citizen Affairs will collaborate in diverting children and the elderly from the prison system.
The CJ made the revelation after holding a joint meeting with the Principal Secretary, department of Correctional Services Mary Muthoni Muriuki and her counterpart for Social Protection and Senior Citizen Affairs, Joseph Motari.
They had meet to discuss issues of mutual interest.
“In the Judiciary, we have institutionalised Children’s Service Weeks to address the backlog of cases affecting children. The 2022, November Service Month culminated in the resolution of 1,825 cases,” said CJ Koome.
The CJ noted that there was also a worrying concern regarding congestion in correctional centres and borstal institutions, creating an urgent need to review sentences to enable the decongestion of prisons.
She further said that to ameliorate this state of affairs, the Judiciary has embarked on use of non-custodial sentences in non-serious offences including affordable fines, discharges, reconciliations, and probation and community service.
Last year CJ Koome 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 this year’s Children Service Month November last year, CJ Koome directed all courts across the country to hold the Annual November Service Month on Children Matters.
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.
Justice 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 said.
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.
