The study's objective was to identify children's rights in Juvenile Justice System. The research has been done on the assumption that there are gaps in juvenile laws. The study was based on a desktop research method where both primary and secondary sources of information were utilised. Children in conflict with the law are protected under various legislations both domestically, regionally and internationally, which provides for their rights within the administration of justice. However, Kenya's legal framework has not adequately protected juveniles who come into contact with the law as is a requirement. In conclusion, the study has discovered that laws enacted have gaps, and thus this forms the main reason behind the violation of children's rights within the justice system; if this is not addressed in time, children in conflict with the Law will continue to suffer in several ways. The judicial Service Commission should develop clear guidelines for the courts on how children in conflict with the Law should be handled. There should also be specially trained Legal officers responsible for hearing and determining children's cases. Law Society of Kenya should encourage Advocates and Activists to represent children who are unable to cater for legal fees on a pro bono basis. This should be a requirement for renewals of practising licenses.
This study explores instances of abuse of juveniles in the juvenile justice system. Children in conflict with the law are protected under various legislations both domestically, regionally and internationally which provides for their rights within the administration of justice. However, Kenya’s legal framework has not adequately protected juveniles who come into contact with the law as is a requirement. The research has been made on the assumptions that there are gaps in juvenile laws. There are also specific instances of juvenile abuse within the juvenile justice system. The study was based on desktop research method where both primary and secondary sources of information have been utilised. The study revealed that children in conflict with the Law faces a number of human rights abuses and violations at various stages once they come into contact with the law and this is counterproductive to the international requirements, objectives and standards of an efficient. The study recommends that there should be a special police unit, trained on how to deal with children in conflict with the Law to reduce cases of police brutality and violence against juveniles. The study also recommends that further research should be done on the topic.
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