Nairobi: A recent report on the status of children in the justice system in Kenya identified a lack of specific budget allocation for children as one of the challenges hindering administration of justice for children in the country.
According to Kenya News Agency, the report, dubbed the Report on Budgeting for Children in the Justice System in Kenya, was informed by The Children Act No. 29 of 2022. It reveals that during the 2020/2021 fiscal year, the government allocated Sh 148.9 billion to Ministries, Departments, and Agencies (MDAs), and only 2% of that, equivalent to Sh 2.85 billion, was set aside for children.
Despite this, there is a need to invest in Child Justice Systems since violations of children’s rights or violence against children have adverse consequences on health outcomes and health risk behaviours, such as drug and substance abuse and promiscuity leading to sexually transmitted infections, as well as a myriad of mental health problems. These issues are associated with the subsequent penetration of violence.
In Kenya, the prevalence of mental distress and suicidal ideation among females who experienced childhood violence is 77% and 41%, respectively. The burden of violence against children has measurable effects on the country’s social, health, and economic outcomes due to mortality and physical and emotional disability.
Chief Justice and President of the Supreme Court of Kenya, Justice Martha Koome, highlighted that the inadequacy of budgetary allocation for children in the justice system means that their constitutional rights, such as the right to health, food, water, sanitation, education, and fair trial, are infringed.
Justice Koome emphasized the existence of a significant financial gap within justice sector institutions such as the National Council for Children Services, the Directorate of Children Services, the Judiciary, and the National Police Service. This gap calls for increased resources for the implementation of the Children Act 2022, whose enforcement commenced in July 2022.
Chairperson of the National Council on the Administration of Justice (NCAJ) Standing Committee on the Administration of Justice for Children, Justice Teresia Matheka, appreciated the findings, which provide strong justification for increased resource allocation to justice sector institutions dealing with the administration of child justice, especially towards the implementation of the Children Act No. 29 of 2022.
The report identified the resource requirements for various institutions within the context of the Children Act No. 29 of 2022 and highlighted the importance of increased resource allocation for its implementation. ‘The analysis aims to determine the financing required by each agency to fulfil its mandate within the Children Act,’ the report stated in part.
Additionally, the report underscored the importance of ensuring all facilities established by the justice sector are child-friendly and that the Child Justice System addresses all matters concerning children, ensuring they are accorded the services they require.