Realising article 53(1)(f) of the constitution: pretrial detention as a meseaure of last resort
This study explores the principle of detention as a measure of last resort, particularly pre-trial detention and whether it is in keeping with first, Article 53(1)(f) of the constitution of Kenya and second, the international standards with regard to children held in remand.The study adopts the labelling theory of juvenile delinquent behaviour and the principle of detention as a measure of last resort. It further examines the experiences of how juveniles have been dealt with historically in the pre- colonial era and colonial era. It then follows to examine the experiences of how juveniles are dealt with, the barriers within the Kenya Juvenile Justice System and effects of detention of juveniles. In doing so it seeks to identify the gaps between the legal provisions and the practices in relation to the detention of juveniles.Following this, the study examines some of the alternatives to detention of juveniles through acomparative analysis of three states, namely: USA, UK and Sweden in contrast to the practices in Kenya. In doing so it provides a platform through which Kenya can adopt some of the practices from these states which will enable Kenya to have a comprehensive juvenile justice system that enables juveniles to be reintegrated back into the society and reduce recidivism. In this study, it is the peer role model.It finally concludes by giving recommendations to various state actors and stakeholders on the way forward that can be put into consideration. Some of the recommendations include, entrenchment of diversion programmes in the Constitution and Children Act, training of child protecting stakeholders and developing legal and policy guidelines on alternative care systems.