Participation of Child Offenders and Victims in the Criminal Justice System in Kenya

Abstract

The purpose of this mini-dissertation is to analyse the participation of child offenders and victims in the criminal justice system in Kenya. Child offenders and victims are vulnerable individuals; hence their interaction and participation within the justice system requires consideration of their best interest. This study takes a theoretical framework and applies a human rights-based approach, which places an obligation on states to promote and respect human rights of child offenders and victims as the right holders. This study extensively reviews the conceptual and legal framework available for the participation of child offenders and victims in criminal justice within international, and regional instruments, and harmonisation in the national laws. Further, to establish whether there is sufficient legal framework on the participation of child offenders and victims in the criminal justice system in Kenya. The study examines the roles played by the institutions in criminal justice such as the police service, prosecutions, courts and the rehabilitation centres in ensuring that the right to participate is fulfilled. This analysis identifies gaps in the implementation of participation of child offenders and victims in the criminal justice system. It proposes good practices on promoting child-friendly justice and participation. The study finds that there are inadequate provisions in the Children’s Act and the Constitution of Kenya, which are inconsistent with international law and standards on the participation of child offenders and victims in the criminal justice system. Further, there are challenges in the implementation process that guarantees fair trial and participation of child offenders and victims by actors of the criminal justice system.