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The fight against child abuse in modern times has become tougher as more children face the risk of being defiled within their homes and communities, by relatives and care-givers.

Where defilement involving close family members occurs, the underage victims often lack the necessary support in the process of pursuing justice.

While addressing the matter, Chief Justice Martha Koome explained how it’s very difficult for a defiled child to get justice through the normal procedure of first reporting the matter to the police for investigations, before it is taken to court.

“The families become the first responders and the first champions of the rights of their children. Knowing that it is an absolute indignity, violation of the rights of a child, for a child to go through the violence of defilement,” the CJ said.

Kenya’s top judge said that the judiciary has set up special court-user committees for children in every court station so that they can follow through the cases of child abuse and defilement.

In a bid to upscale the provision of justice to victims of defilement, CJ Koome announced that there are now 11 operational gender-justice courts in Kenya to hear and determine cases of sexual violations. The CJ emphasised that under the Sexual Offences Act, a child defilement case cannot be withdrawn at any stage until it is fully heard and judgment issued.

Koome was speaking when she officiated the commemoration of the 35th anniversary of the United Nations Convention on the Rights of the Child (CRC). Established in 1989, the convention was aimed to protect and fulfil child’s rights, by adopting an international legal framework.

Some progress

Unicef Representative to Kenya Shaheen Nilofer highlighted the benefits that the country has reaped since ratifying CRC in 1990. Among the legislations borne out of CRC include the Prohibition of Female Genital Mutilation Act passed in 2011, which helped reduce FGM among girls from 38 per cent in 1998 to 15 per cent in 2022.

Another area that the country has excelled in upholding the rights of children is in the provision of Free Primary Education where, as of 2020, 98 per cent of children aged 6-13 were enrolled.

Nilofer said that children are more predisposed to suffer violations of their fundamental rights when they are denied adequate health care, nutrition, education and protection from violence.

“Childhood is separate from adulthood, and lasts until 18; it is a special, protected time, in which children must be allowed to grow, learn, play, develop and flourish with dignity,” the widely-ratified human rights convention provides.