Chief Justice Martha Koome has described the challenges as deeply entrenched, with victims often silenced by familial bonds and a lack of support to seek justice.
Addressing the issue during the commemoration of the 35th anniversary of the United Nations Convention on the Rights of the Child (CRC), CJ Koome highlighted the critical role of families in defending children’s rights.
“Families must be the first responders and champions of their children’s rights, particularly against the indignity and violence of defilement,” she said.
To address these challenges, the judiciary has bolstered efforts to ensure justice for child abuse victims.
CJ Koome revealed that 11 gender-justice courts are now operational across the country, focusing on cases of sexual violence.
Additionally, special court-user committees have been established in all court stations to monitor and support child abuse cases.
Underlining the seriousness of the issue, the Chief Justice reaffirmed that the Sexual Offences Act prohibits the withdrawal of child defilement cases at any stage of proceedings.
“Every case must be fully heard and concluded,” she stated.
While Kenya has made strides in protecting children’s rights since ratifying the CRC in 1990, significant gaps remain.
UNICEF Representative to Kenya, Shaheen Nilofer, noted key achievements, including the Prohibition of Female Genital Mutilation Act (2011), which reduced FGM prevalence among girls from 38% in 1998 to 15% in 2022.
The introduction of Free Primary Education has also been transformative, with 98% of children aged 6–13 enrolled in school by 2020.
However, Nilofer warned that children still face violations when denied basic needs like healthcare, nutrition, and education.
“Childhood is a protected time, lasting until 18, in which children must be allowed to grow, learn, and flourish with dignity,” she said, quoting the CRC’s guiding principle.
Despite these achievements, child defilement remains a persistent problem, particularly when perpetrators are close relatives or caregivers.
CJ Koome emphasized that the judicial reforms aim to dismantle barriers that prevent children from accessing justice.
The commemoration of the CRC’s 35th anniversary serves as a reminder of the work that lies ahead.
Kenya, while making progress, must continue to strengthen mechanisms that protect its youngest citizens from harm and uphold their rights as enshrined in national and international law.
As CJ Koome concluded, “Every child deserves justice, dignity, and the chance to thrive.”