Punishment alone does not effectively reduce crime or rehabilitate child offenders, and the Judiciary should focus on community-based rehabilitation instead. According to a study by the National Crime Research Centre (NCRC), it is crucial to divert cases involving children from the criminal justice system, with institutionalization being a last resort.
The report suggests that the Office of the Director of Public Prosecutions (ODPP) should promote alternative dispute resolution mechanisms within the community and train police and prosecutors on deflection pathways to prevent children’s cases from entering the criminal justice system.
Titled Efficacy and Adequacy of Criminal Justice Agencies in Kenya: The Case of Children in Conflict with The Law, the report advocates for the establishment of more child protection units and child-friendly holding cells in all police stations to ensure the safety and protection of minors.
It also highlights that some police stations still detain children and adults together, underscoring the need for improved practices in handling child offenders.
Children undergoing corrective and rehabilitation programs report experiencing psychological distress, trauma, and stigma due to their separation from family and community. This issue is compounded by the lack of decentralization of Borstal Institutions and Youth Corrective Training Centres, which impacts visitation programs.
The research recommends that the Kenya Prisons Service decentralize Borstal Institutions and Youth Corrective Training Centres to regional levels or establish units in each correctional facility.
It also identifies inefficiencies and inadequacies in handling children in conflict with the law, including insufficient logistics, finances, infrastructure, and capacity for effective training.
Public officials and children surveyed pointed out the ineffectiveness of some rehabilitation programs, insufficiently skilled staff, and inadequate training for children officers. Consequently, the study recommends that the Department of Children Services recruit additional officers, enhance their capacity, and expand vocational training opportunities.
The study also found a lack of public awareness about the roles of the Victim Protection Board, Witness Protection Agency, Borstal Institutions, and Youth Corrective Training Centres in managing children in conflict with the law.
“As the agency between the criminal justice system and community members, the National Government Administrative Officers should prioritise and enhance public awareness on the roles of various actors/agencies in facilitating access to criminal justice,” the report states.
Most respondents noted that some officials lack the necessary skills to handle children in conflict with the law, suggesting that the National Council on the Administration of Justice (NCAJ) should enhance the training and capacity of these officials within criminal justice agencies.
The study also identified delays in processing children’s cases, which impede the delivery of justice. To address this issue, it is crucial to dedicate specific sessions for children’s cases during the court user committee (CUC) meetings to foster better coordination among criminal justice actors.
