INTRODUCTION
Children’s rights as enshrined under the Constitution of Kenya,2010. Their vulnerability makes them more susceptible to the harshness of the outside world. It is therefore important to protect their rights with the help of governmental institutions. This can be achieved by enhancing justice delivery and adequate legal representation.
CHALLENGES IN THE LEGAL PROFESSION
- Poor legal representation
Children are susceptible to poor legal representation. Most times they are not aware of the trial and procedure. Therefore it is important to have an open platform and educate them on their rights.
- Non-sanitary children cells
It is a fact that children are non-sanitary and the conditions are not as pleasant. They tend to get sick faster and become disoriented in such environments.
- Delay in cases
A subject needs to have their case heard on a priority basis. It becomes difficult to explain to a child that their case will take much longer whereas they cannot raise cash bail and do not have dependants with means due to financial constraints.
RECOMMENDATIONS
- Quality legal representation
Children ought to have the best legal representation tan accused persons. I urge the authorities involved to improve standards for quality deliverable legal representation.
- Sanitary cell conditions
During the time of arraignment, children should be held separately from adults as is the law. A clean environment will put them at ease to recollect their thoughts and ensure a fair trial.
- Priority of cases
The courts have the authority to prioritize children cases and conclude within the shortest time possible. This will ensure justice is delivered without delay for the most vulnerable persons in society.
- Alternative Dispute Resolution Mechanisms
Diversion and plea bargaining are the ADR mechanisms of significant importance in ensuring that the subjects don’t have criminal records. The prosecution ought to embrace such mechanisms to ensure justice is never delayed in regard to any technicalities.
CONCLUSION
In view of the above, it is important to consider the best interests of the child at all times because they are tomorrow’s leaders and deserve a second chance at all times.
