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Justice Matheka Calls for Urgent Reforms to Protect Children in Kenya’s Justice System

Justice Matheka cited Section 22 of the Children Act, 2022, which requires that any person appearing to be a child must be presumed to be one unless proven otherwise.

NAIROBI, Kenya, Oct 31 — The Chairperson of the Standing Committee on the Administration of Justice for Children, Justice Teresia Matheka, has called for urgent reforms and stronger coordination among child protection agencies to tackle systemic failures that continue to expose Kenyan children to abuse, neglect, and injustice.

Speaking during the official launch of the Annual Child Justice Service Month 2025, themed “Securing Justice for Every Child: Enhancing Multi-Agency Collaboration and Increasing Budgetary Allocation to Combat Child Abuse,” Justice Matheka emphasized the need to move beyond rhetoric and translate commitments into institutional action.

“This theme must not remain aspirational — it must become our operational reality,” she said. “When we fail to apply the law and safeguard the rights of children, we breach our oath and the Constitution.”

Justice Matheka cited Section 22 of the Children Act, 2022, which requires that any person appearing to be a child must be presumed to be one unless proven otherwise. She noted with concern that the disregard of this legal safeguard has led to minors being criminalized and processed through the adult justice system — a serious violation of their rights.

Highlighting persistent challenges such as delayed cases, weak coordination, and inadequate funding, Justice Matheka announced a series of key measures aimed at strengthening Kenya’s child justice framework that include enhanced case management where the Committee will enforce strict timelines to ensure that children’s cases are heard and concluded promptly, reducing trauma and restoring trust in the justice system.

  • Justice Matheka also urged judges, prosecutors, and police officers to uphold child protection laws and exercise vigilance when determining the age of offenders.

“Determining age does not require sophisticated equipment — it requires vigilance and a commitment to protecting children,” she said.

She further called for a shift from punitive approaches to child rehabilitation, emphasizing that justice for children must include education, psychosocial support, and community reintegration.

“Securing justice for every child is not just a legal obligation; it is a moral imperative and a test of our humanity,” she added.

Principal Secretary for the State Department for Children Welfare Services, Carren Agengó, who graced the occasion, commended the National Council on the Administration of Justice (NCAJ) and the Standing Committee for their unwavering commitment to child justice.

“This year’s theme is both timely and urgent — a reminder that justice for children is not a peripheral concern but a national priority,” she said. The PS also pledged initiatives to reunite children in conflict with the law with their families after rehabilitation and reintegration.

Other speakers included Milimani High Court Family Division Presiding Judge Hillary Chemitei, representatives from the National Police Service, Office of the Director of Public Prosecutions, and the Law Society of Kenya.

The Annual Child Justice Service Month serves as a national platform for the Judiciary and its partners to review progress, enhance collaboration, and reaffirm Kenya’s commitment to ensuring that every child in the justice system is treated with protection, dignity, and hope.

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