The Discretionary dilemma: an examination of diversion in the Kenyan Children Act (2022)

Abstract

This research explores the excessive discretion that is accorded to judicial officers in choosing the appropriate diversion program for a youthful offender pursuant to the Children Act. It impacts fairness and brings about a lack of consistency in the application of the law. The study recommends for reforms in the law to take a form like that of South Africa’s Child Justice Act which clearly stipulates the appropriate form of program for a particular offence to ensure that there is consistency and uniformity in applying the law.