Identify Children's Rights in the Juvenile Justice System

Abstract

The study's objective was to examine children's rights in the Juvenile Justice System. The research was done on the assumption that there are gaps in juvenile laws. The study was based on a desktop research where both primary and secondary sources of information were utilised. Children in conflict with the law are protected under various legislations both domestically, regionally and internationally, which provides for their rights within the administration of justice. However, Kenya's legal framework has not adequately protected juveniles who are exposed to the law, as is a requirement. The study concluded that laws enacted have gaps, and thus this forms the main reason behind the violation of children's rights within the justice system; if this is not addressed in time, children in conflict with the Law will continue to suffer in several ways. The study recommends that the judicial Service Commission develop clear guidelines for the courts on how children in conflict with the Law should be handled. Moreover, there should be specially trained Legal officers responsible for hearing and determining children's cases. Resultantly, therefore, the Law Society of Kenya should encourage Advocates and Activists to represent children who are unable to cater for legal fees on a pro bono basis. This should be a requirement for renewals of practicing licenses.