Deal with Children Cases within the Time Frame Provided by the Law-DCJ Mwilu

June 21, 2022

By Lydia Gichuki

Deputy Chief Justice Philomena Mwilu on Monday said all children cases must be determined or dismissed within six months.

She said with this delay, the judiciary contravenes the law which stipulate that such cases should take six months to be handled or dismissed.

This she said on Monday at Mbagathi Secondary School during the children’s town hall meeting ahead of The Day of the African Child, to be marked yesterday.

Further she instructed National Council on Administration of Justice, chaired by Lady Justice Teresiah Matheka to expedite children’s cases, saying the law calls for a speedy resolution.

She noted that the major reason that children are in conflict with the law is because they are disadvantaged.

 She continued to say in some cases the children are detained longer than 24 hours and have their rights violated.

In defense of the judiciary, High Court judge Teresia Matheka said that in most cases, the judicial officers dealing with the cases do not know the children were being detained.

She said often times when officers are asked about the whereabouts of the children in court they give excuses further derailing the cases.

However, Mwilu said the Judiciary had no excuse should not pass blame to any other actor saying that it was their responsibilities to serve the children within the law.

Further she urged the magistrates and judges to be friendly to the children and make the court environment comfortable for them to ensure they are not intimidated.

In addition she said, the Judiciary will be more involved in court users committees on children matters to ensure that justice is dispensed in a timely manner.

Photo Credit; KNA

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