In this blog Florence Mueni Muema, Clinical Psychologist and Probation Officer, Kenya discusses her research…
For most children childhood is a period that is generally expected to be one of love, growing in safe environments with safe adults, going to school, playing with friends. Unfortunately, this is not true for some children. Indeed, for some, childhood is associated with negative experiences of abuse, neglect. Others find themselves embroiled in negative peer associations. Some of these children get involved with the justice system by way of seeking justice and protection from those who have violated their rights. Other children find themselves in conflict with the law when they are apprehended and processed by the legal system as accused persons.
For whatever reason, contact with the justice system is likely to have far reaching psychological and social consequences on the developing child. Moreso in a jurisdiction like Kenya where child victims have to face their perpetrators in court and children who charged with certain offences under the penal code have to navigate the complex process sometimes without legal representation. Compared to their peers, justice involved children tend to be invisible stakeholders, lacking agency and inclusion. Most decisions are made by justice actors and other adults. This lack of voice is an infringement to their right to participation and makes the system blind to their psychosocial needs.
A TJ methodology…
Access to justice entails having all their emotional, social, psychological issues acknowledged and addressed. The study resonates with the letter and spirit of therapeutic jurisprudence. Indeed, the principles of TJ and its key tenets were used as the lens that guided the framework of the study. The therapeutic and anti-therapeutic processes of the various agencies were examined through the eyes of the children. This study was a medium for children to give feedback to justice agencies. To tell them what they find helpful and what is damaging.
What the children said…
The findings revealed that the manner in which police officers, magistrates, lawyers, prosecutors, probation officers, children officers and prisons officers conduct themselves can be construed by a child as helpful or unsafe. Holding environments that are not child centered cause children more distress. The formalities associated with legal procedures make the child feel lost. The courtroom where all justice actors converge was experienced as complex and the language used too technical.
The children also reported therapeutic aspects of the justice system. Examples include, hearings being conducted in camera, and friendly police officers encouraged them and gave advice.
While acknowledging that there indeed are many aspects of the justice system that are helpful, the study shows that the Kenyan child justice system has a lot of reforms to institute if it is to be counted as being child friendly.
Where to from here…
The good news is that there is a new “bottle” in town. This is the Children Act, enacted in 2022. This legislation seeks to institute major reforms in child justice by introducing more child friendly structures that shield children from the harmful effects of contact with the system. The new act or “new bottle” is an opportunity for putting “new wine” especially by way of the rules and regulations currently under development. It is my hope that the views of the children as reported in this study will be considered so as to ensure that we instill therapeutic jurisprudence in our child justice system.
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