Kapenguria: Elders in West Pokot County have been warned against abusing the Alternative Dispute Resolution (ADR) mechanism, especially on matters concerning children’s rights. For some time, elders, commonly known as wazees, have been reported to use traditional mechanisms to settle defilement cases. According to the law, such cases must undergo full judicial procedures to ensure victims receive justice.
According to Kenya News Agency, speaking during the Judiciary Dialogue Day held at Chelang’a Gardens in Kapenguria, West Pokot Children’s Services Director Phillip Wapopa noted that some cases of children’s rights violations have been settled through informal kangaroo courts, undermining government efforts to protect minors from abuse. Wapopa said while some disputes can be effectively resolved through ADR, defilement cases cannot, given the severe consequences for the victims and their families.
Wapopa stated, ‘Slaughtering a goat to share the meat after a minor has been defiled is criminal. The perpetrators are liable for prosecution. It is like celebrating the suffering of the child who has been robbed of her wellbeing.’ He urged parents to allow their children to attend school instead of marrying them off early and questioned the need to marry off minors for a few cows and goats, emphasizing the greater benefits of completing education.
According to the Judiciary, the forum aimed to engage citizens and strengthen justice, with participants from all walks of life given the opportunity to share their views and opinions about the justice system. Kapenguria Law Courts Principal Magistrate (PM) and Head of Station Stellah Telewa emphasized that the children’s court is now fully operational, and all children-related matters will be addressed judiciously. She encouraged the public to visit their customer care desk for advice and direction, highlighting that the judiciary is committed to effective service delivery.
The PM further explained, ‘The National Council for the Administration of Justice (NCA), established under Section 34 of the Judicial Service Act, Cap 8A, promotes a coordinated, efficient, and consultative approach to justice in Kenya. In pursuit of this mandate, NCA has operationalized Court Users Committees (CUCs) at the grassroots level.’
