Settle or drop cases on children within 6 months, says Mwilu
All children cases must be handled within six months, failure to which they should be dismissed, Deputy Chief Justice Philomena Mwilu said yesterday.
She said there is no reason for courts dealing with children's cases to take longer than the time given in law. She said the Judiciary has appropriate laws on the rights of children which should be observed.
“When a wrong is committed, it ought to be addressed. Election-related cases must be determined in six months. Why should children's matters go beyond that?” she asked.
She made the remarks at Mbagathi Secondary School during the children’s town hall meeting ahead of The Day of the African Child, to be marked on Thursday.
“If the courts are unable to do children cases in six months, then let the children go free as the law says,” she said. The DCJ said through the National Council on Administration of Justice, that a committee was appointed chaired by Lady Justice Teresiah Matheka to ensure children are safe.
She directed Matheka and the committee she leads to expediting children's cases, saying the law calls for a speedy resolution, with the concerned magistrates expected to be friendly to children. Mwilu said the main reason children are in conflict with the law is that they are disadvantaged.
Powerful people
“It is the business of the Judiciary that once the case gets to court, it is heard. We are powerful people; if we give an order to police who have not brought witnesses, it has to be obeyed,” she said.
Justice Matheka said cases take longer than the law provides owing to some challenges, sometimes beyond the control of the Judiciary.
“There are times when the witnesses fail to appear in court or things like transfer of a magistrate. The law says there should be a Children’s Court that deals with children cases alone”, she said.
On why children in rape and female genital mutilation cases do not testify anonymously, Mwilu said the law provides that cases be determined upon presentation of evidence.
