Perceptions of Justice Involved Children on the Child Justice System in Nairobi County, Kenya

Abstract

Children seeking justice, interact with numerous agencies as they navigate through the justice system. They are more often than not subjected to a myriad of processes some of which are too complex and even traumatizing. Despite the existence of many international instruments guiding on the interaction between them and justice actors, children remain passive participants lacking agency and inclusion in matters affecting them. This makes it difficult for the justice system to respond appropriately to their needs. In Kenya there is a dearth of studies with regard to how children who have passed through the justice system experience and perceive it. The aim of this study was to find out how children experienced the system, its processes and practitioners. The sample size constituted 36 children aged 12-17 years drawn from remand homes, probation hostels, youth corrective centers and Borstal institutions. The participants were distributed across five focus group discussions which were guided by a semi structured interview tool that enabled children to share their experiences with police officers, prosecutors, lawyers, magistrates, probation, children and prisons officers. The findings indicate that children experience some justice actors as threatening, unemphatic, shaming, and could not trust them. With regard to the environments, the police station was described as the most scaring and unsafe while the court room was intimidating, too formal and sometimes oblivious to the distress children experience when seated in court. There was limited participation as children were not consulted or informed about various legal processes. There were also positive interactions with some justice practitioners. The study provided rich insights into the justice system from the eyes of the child. The findings can be used to institute reforms in the child justice system and promote therapeutic jurisprudence so as to enhance access to justice for all children.