An analysis of the legal framework guiding the rights of juvenile delinquents in Kenya
Date
2020-11
Authors
KOSGEI, CHEPKORIR CAROLINE
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
Black’s law dictionary defines juvenile delinquency as an antisocial behavior by a minor; especially behavior that would be criminally punishable if the actor were an adult, but instead is usually punished by special laws pertaining only to minors.
Statistics show that almost a half of the population of Kenya is made up of individuals below the age of 18 years. Statistics also show that almost 45% of the population lives below the poverty line, this coupled with other challenges puts children in need of care and protection in a precarious position.
Description
The legal framework in Kenya does not adequately protect the rights of children in conflict with the law. 17 Despite the children rights advancement, reform on legislation touching on child offenders is the most marginalized, disregarded and unwanted issue. This is because children rights are advanced on child protection, child education and health care but minimally onchildren in conflict with the law as they are viewed in the narrow perception as law breakers and a threat to the public. 18 In consequence legislative regimes on child offenders have been described as the unwanted child of state responsibilities.