Milk, toys, and justice: The incredible way Kenya's courts are battling child abuse
Courts in the coastal region are revolutionising how child sexual abuse survivors testify - creating child-friendly witness rooms with murals and snacks, using virtual sessions where children can testify from home.
What you need to know:
- Courts in the coastal region are revolutionising how child sexual abuse survivors testify - creating child-friendly witness rooms with murals and snacks.
- While some courts still struggle with resources, having to improvise with cardboard screens, this transformation aims to protect child witnesses from further trauma while ensuring justice is served.
Xana* despises any question that pertains to courts.
This aversion stems from the harrowing experience she endured nearly five years ago during a court appearance.
“I had to testify in the presence of the uncle who repeatedly abused me,” recalls Xana, who was just 14 at the time.
“We sat on the same bench, with my mother wedged between us. He glared at me with such intensity, it felt as though he wanted to punch me. I froze,” explains Xana, recounting her testimony at a court in one of the coastal counties.
She expresses that the magistrate recognised her distress and strategically positioned her behind a cardboard screen, allowing her to testify despite the overwhelming sense of intimidation.
“I struggled to speak because I feared he might kill me,” she states.
“What spurred me on was the belief that my uncle must face justice for the vile acts he committed against me.”
Children are pivotal witnesses in defilement cases, and their testimony can determine whether the accused is acquitted or convicted.
Cognisant of this reality, courts in Kilifi and Kwale counties have endeavoured to create a nurturing environment for the traumatised children to provide their testimonies.
This process begins with prioritising child witnesses shortly after the defendant enters a plea.
“We endeavour to resolve defilement cases within six months,” explains Kilifi Law Courts Principal Magistrate Ivy Wasike, adding that they facilitate child testimony within two weeks of the plea.
The urgency in collecting their evidence is partly informed by the fact that children’s memories can falter due to trauma, and prompt testimony serves to mitigate further re-traumatisation.
In the interim before they testify, the children receive counselling to prepare them for narrating the disturbing events in the presence of their accused abuser, who is allowed time to cross-examine them.
“If a child has been counselled but we observe signs of distress before they testify, we mandate additional counselling while monitoring their progress. As a magistrate, you can discern when a child is troubled,” she explains.
She notes that they have specially designed witness room adorned with child-centred murals and equipped with playful activities. Within these rooms, a 360-degree camera is installed, allowing the child to provide testimony from any angle.
To help the children relax and feel valued, they are offered refreshing drinks and snacks.
“We lower ourselves to their level. You cannot sit in a high chair, looking down at a child, and expect them to open up. They will become paralysed with fear. Instead, we sit with them, offer milk, juice and biscuits, and engage in play. In this nurturing atmosphere, they feel free and begin to trust us enough to share their stories,” she says.
The Kwale Law Courts follow a similar protocol, although they lack a dedicated witness room for children.
However, the Judiciary's recent innovation of allowing virtual trials has provided a much-needed opportunity to shield children from direct interactions with their perpetrators, a concern highlighted by Lillian Lewa from Kwale Law Courts.
She notes that this interaction can hinder the children’s ability to testify, unfortunately delaying case judgments since the child is often the key witness.
“With virtual sessions, we can enable the child to provide testimony from the comfort of their home. Their cameras are turned off, ensuring they cannot see the perpetrator,” she explains.
This technological advancement has also benefited the Mariakani Law Courts, which do not possess the resources to create a children’s witness protection box or a special witness room.
“Sometimes we have to improvise with cardboard because we lack the means to construct a proper witness protection box for the children,” states Principal Magistrate Kimani Mburu from Mariakani Law Courts.
In Xana's view, “Children should never be made to set foot in a courtroom. They should be allowed to testify from a different location far away from the courts. The courts serve as a relentless reminder of the traumatic experiences.”
She adds: “Cases involving children should be resolved in a single day. Why are there delays? Do they comprehend the agony we endure when our mothers inform us that our case is coming up? No child should ever have to suffer what I went through.”
Name* changed to protect her identity.
