The Law Society of Kenya (LSK) has responded to the issue of delays in defilement cases in courts, especially in Bungoma County.
Convened by Ogalo Irene Awuor on July 30, the LSK expressed its concerns and disappointment regarding the reported delays in the judicial processes for child victims of defilement and sexual abuse, as highlighted by media reports of cases from Busia pending since 2021 and 2022.
“We acknowledge with sadness that justice delayed is justice denied and for vulnerable children, protracted court proceedings exacerbate trauma, prolonged emotional distress and undermine their fundamental right to protection under section 8 of the Children Act 2022 and Article 53 of the Constitution of Kenya. Justice delayed is justice denied,” the statement read.
The lawyers’ body said delayed hearings, repeated adjournments and prolonged uncertainty leave young victims feeling abandoned by a system meant to protect them.
LSK on Delay of Child Defilement Cases
According to LSK, delayed determination of defilement and child abuse cases not only affects victims and their families but also weakens public confidence in the justice system.
The society cited provisions of the Children Act 2022 and Article 53 of the Constitution, which guarantee the rights and protection of children. It argued that failure to resolve cases within a reasonable time contradicts these legal safeguards.
LSK called on the Judiciary and other agencies involved in the administration of justice to prioritize cases involving children and ensure that strict timelines are observed.
The society said fast-tracking child abuse and defilement cases would help prevent secondary victimization and reduce the emotional burden placed on survivors waiting for justice.
Also Read: Senator Lifts Lid on Ksh10M Offer Ahead of Gachagua Impeachment Vote
It further urged judicial officers and stakeholders to minimize unnecessary adjournments that prolong cases and leave victims trapped in lengthy legal battles.
The statement comes amid growing public concern over the pace at which some sexual offence cases involving minors are being handled in courts across the country.
Calls for Court Reforms
Beyond speeding up hearings, LSK called for improved child-friendly court infrastructure to better support victims during legal proceedings.
The society said children’s courts should be adequately equipped with trained personnel, virtual testimony facilities and psychosocial support services to create a more supportive environment for young witnesses.
LSK also emphasized the need for stronger coordination between institutions involved in child protection and criminal investigations.
According to the society, enhanced collaboration among the Judiciary, police, prosecutors and child welfare agencies would help improve case management and prevent unnecessary delays.
The lawyers’ body said its Child Law Committee is actively following up on the matter with Bungoma Law Courts and intends to engage relevant stakeholders to ensure concerns raised are addressed.
LSK maintained that protecting children from sexual violence requires a justice system that responds promptly and effectively.
The society reiterated its commitment to safeguarding children’s rights and ensuring victims receive timely justice.
Also Read: HELB Opens Scholarship Applications for Master’s and PhD Students
It also stressed that perpetrators of sexual offenses against children, as well as individuals who enable such crimes, must be dealt with according to the law.
Defilement in Busia
Concerns over the handling of defilement cases in Busia are not new.
Previous court reports have highlighted challenges such as witness intimidation, out-of-court settlements, delayed reporting of offenses and difficulties in securing witnesses during court proceedings.
Busia Chief Magistrate Edna Nyaloti also warned against private negotiations in defilement cases, noting a rise in such offenses in the county, while Children’s Officer Patrick Mukolwe reported that Busia records about 10 defilement and physical abuse cases every week.
She also pointed to broader systemic obstacles, including cross-border challenges with Uganda, where suspects and witnesses sometimes become difficult to trace, complicating prosecutions and delaying the conclusion of cases.
Follow our WhatsApp Channel and X Account for real-time news updates.
