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Challenges in Safeguarding Childrens' Rights in Kenya's Criminal Justice System: A Prosecuter's View
Abstract
This paper examines the practical challenges of safeguarding children's rights within Kenya's criminal justice system, focusing on gaps in legal representation, professional training, privacy protections, and support systems for vulnerable groups such as child parents, victims, and youth offenders. Drawing on lessons from jurisdictions like South Africa, Canada, the United Kingdom, and the United States, the paper offers actionable recommendations to strengthen Kenya's child justice framework. These include ensuring continuous legal assistance, enhancing accessibility of information, implementing individualized assessments, and safeguarding children's privacy in criminal proceedings. The study advocates for a child-centered, rights-based approach to justice that prioritizes rehabilitation and reintegration over punitive measures, aiming to align Kenya's practices with international standards and best practices.
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