Children's lawyers have praised President Uhuru Kenyatta for signing into law the Children Act of 2021 which raised the criminal responsibility from 8 years to 12 years.
The attorneys stated that the Act, ascended on Friday, July 8, will offer relief to both children and their families.
“When an 8-year-old is found criminally liable, it can be difficult to support the Mens Rea”, lawyer Cynthia Odongo stated.
Mens Rea is the guilty intention to commit a crime. Odongo explained that it would be difficult to prove the intention of a child committing a criminal offence.
The Children Act of 2021 replaced the Children Act of 2001. It protects children from violations and upholds their rights.
Any child under the age of 12 found guilty of minor offenses will not be taken through the court systems but will be placed under the community-based systems.
Children who have committed minor offences will now be placed with family and other members of the community to try to reform them.
Those living with responsibility will also benefit from the newly signed law as they will receive free medical treatment and special care.
Clause 56 of the Act states that Parliament will allocate funding to the National Council of Children Services to help the Kenyan child.
The council will also raise money through grants, aid and donations.
Kafala, an Islamic jurisprudence for the adoption of children was recognized by the new law, granting the Muslim faithful the opportunity to adopt a minor who lacks parental and family care.
The kinship adoption concept introduced by the law states that relatives too can adopt a child without any legal issues.
In the new law, the Inspector General of Police is expected to set up a Child Protection Unit in all police stations to cater for the needs of children who have committed offences.
