Members of Parliament are set to debate a Bill that protects children convicted of capital crimes from serving life imprisonment.
In proposals drafted by Suba North Member of Parliament, Millie Odhiambo, in the Children Justice Bill of 2022 due for first reading on Tuesday, April 5, it is outlined how a child can be arrested, prosecuted, and sentenced.
Odhiambo notes that the Bill will protect the rights of children- any person below the age of 18 years as prescribed in the Constitution of Kenya.
"The object of this Act is to enhance the protection of the rights of a child accused of or charged with a criminal offence by providing a legal framework for the realisation of Article 53 of the Constitution of Kenya
"No sentence of capital punishment, life imprisonment, or corporal punishment may be imposed on a child," proposes the bill.
Further, the Bill proposes that children under the age of 12 years cannot be held accountable for criminal actions explaining that they lack the capacity to make a sound judgment on what is right and wrong.
"A child who commits an offence while under the age of twelve years shall be presumed not to have had the capacity to appreciate the difference between right and wrong, unless the prosecution proves criminal capacity on the part of the child," read the Bill in part.
However, if the Bill sails through and becomes law, the state will not institute any criminal charges against any child below the age of eight years.
"No prosecution shall not be commenced under this Act for an offence committed by a child who is below the age of eight years," proposes the Bill.
Additionally, officers will be obligated to inform children of their charges before they are arrested and then inform the parents or guardians that they have made the arrests.
"The police officer responsible for arresting a shall produce the child to appear at a preliminary inquiry within 24 hours of the arrest or if 24 hours expire outside court hours or on a day which is not a court day, no later than the end of the first court day after the expiry of the 24 hours," proposed the bill.
