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Chief Justice Martha Koome has revealed that the judiciary will create special Children’s Courts and Gender Justice Courts to handle special cases.

The CJ made the confirmation after participating in the Nairobi 2024 Hearth Summit, where she shared initiatives championed by the Judiciary regarding social justice for the vulnerable, promoting rehabilitation within the criminal justice system, and developing infrastructure to facilitate justice.

“During the panel discussion on ‘Restorative Justice,’ I highlighted our commitment to overcoming structural, formal, and informal barriers that impede access to justice for the vulnerable. Our aim is to make justice expeditious, accessible, cost-effective, and responsive to the justice needs of vulnerable groups and all Kenyans.

“We are rolling out specialized courts, including Children’s Courts, Gender Justice Courts for SGBV cases, and Small Claims Courts. We are also implementing programmes like priority cards for vulnerable groups, such as pregnant women, the elderly, and persons with disabilities, to ensure they receive priority in receiving court services,” Koome said in a statement posted on X on Thursday, July 18, 2024.

She also talked about the need to realign the prison system with emerging trends in order to serve the community and the prisoners better.

“Historically, our correctional services focused on punitive measures. However, in alignment with the human rights approach advocated by the Constitution, we have embraced a shift towards a rehabilitative model.

“This approach aims to transform lives by ensuring offenders take responsibility for their actions, reintegrate into the community, and contribute positively to society. This transition is crucial for reducing recidivism, promoting public safety, and fostering a culture of second chances.

“It is due to this that we are championing diversion programmes, especially for children and youths, who belong in school rather than in prison. Additionally, we have embraced plea bargaining to enhance the efficiency of the criminal justice system, and we are also implementing Community Service Orders (CSOs),” she added.

The President of the Supreme Court explained why she is in support of the creation of the Community Service Courts.

“CSOs are court orders requiring individuals guilty of criminal offences to perform public work for the community’s benefit. They are essential for restorative justice and help reduce prison congestion by allowing non-serious offenders to work in public institutions under supervision.

“For example, reformed prisoners who have served part of their sentences engage in activities like planting trees or cleaning streets under local chiefs’ supervision. Currently, our prisons house 61,945 inmates, despite being designed for only 30,000, resulting in severe overcapacity. Among these inmates, 36,945 are convicted, and 25,014 are awaiting trial,” she stressed.

Overcrowded prisons

Koome added that overcrowded prisons, particularly with petty offenders, diminish the effectiveness of the criminal justice system and that diverting such offenders allows them to benefit from rehabilitation and make amends.

Koome revealed that in the last financial year, the courts reviewed 6,555 sentences, granting 2,918 community service orders and 497 probation orders.

“I urge Kenyans to advocate for increased financial investment in the justice sector to ensure major infrastructural upgrades to our courts, ensuring security and dignity for both our personnel and court users,” the CJ concluded.

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