Punishing children does not discourage them from committing crime, a recent study has shown.
The study, by the National Crime Research Centre, wants the judiciary to place children in community-based rehabilitation centres as a corrective measure.
The study said diverting child-related cases should be diverted from the criminal justice system, noting that punishment of children by way of institutionalisation should be the last resort.
“The Office of the Director of Public Prosecutions should sensitise and encourage the community to seek alternative dispute resolution mechanisms. Police and prosecutors should also be trained on alternative deflection pathways,” the report says.
Titled 'efficacy and adequacy of criminal justice agencies in Kenya',the report asked the National Police Service to establish more child protection units and children-friendly cells in all stations to ensure safety and protection of minors.
A child in conflict with the law refers to a child suspected or perceived to have committed an offense outlawed by the law.
The study regretted that some police stations still detain adults and children in the same cells, adding that NPS should provide a conducive accommodation environment and child-friendly amenities.
The study exposed delays in processing juvenile cases, which hamper justice delivery.
To address this challenge, it is imperative to dedicate children's sessions during the court user committee as a way of promoting synergy among the criminal justice actors.
It also said witness and victim interference are among the critical challenges faced by children in conflict with the law and recommended the need to strengthen the Witness Protection Agency and Victim Protection Board.
Children undergoing corrective and rehabilitation said they usually face psychological distress, trauma, and stigmatisation. They are also isolated by family and community.
This has been attributed to the fact that the Borstal Institutions and Youth Corrective Training Centres are not decentralised in the country, thus affecting visitation programmes.
The report asked the Kenya Prisons Service to decentralise Borstal Institution and Youth Corrective Training Centre at the regional level or establishment of units in each correctional facility.
It highlighted glaring inefficiency and inadequacy in handling children caught on the wrong side of the law.
Some of the challenges include a lack of enough logistics, finances, infrastructure, and capacity to handle the training needs of children.
Respondents highlighted the ineffectiveness of some rehabilitation programmes, inadequately skilled staff, and the capacity of children officers to handle the specific needs of children in conflict with the law.
Besides building the capacity of the officers and diversifying vocational training needs, the study asked the Department of Children Services to recruit additional children officers
The study established that many members of the public were not aware of the Victim Protection Board, Witness Protection Agency, Borstal Institutions, and Youth Corrective Training Centre, including their roles in handling children in conflict with the law.
“As the agency between the criminal justice system and community members, the National Government Administrative Officers should prioritize and enhance public awareness on the roles of various actors/agencies in facilitating access to criminal justice,” the report says.
Most respondents cited a lack of skills by some officials coping with children in conflict with the law and the National Council on the Administration of Justice should enhance the capacity of the officials in criminal justice agencies.
The study showed that there are still gaps in legal representation.
Several child offenders depend on the state for legal representation, with these lawyers dropping out or declining to take up the cases due to challenges with legal fee processing.
“There is a need to strengthen the pro-bono legal representation services for children in conflict with the law. In particular, the National Legal Aid Services (NLAS) needs to be strengthened,” the report states.
A total of 1361 respondents were interviewed, out of which 1,002 respondents were part of a sample of public officials dealing with children in conflict with the law.
The officers were drawn from different institutions, namely, Kenya Police Service, Probation and Aftercare Service, ODPP, Department of Children Services, National Government Administrative Offices, Judiciary, and Kenya Prisons Service. Additionally, 359 children in conflict with the law were interviewed.