In Trans Nzoia, children involved in legal cases are being held in the same police cells as adult suspects and later transported more than 70 kilometres to Eldoret for remand, as the county does not have a dedicated juvenile facility.
Human rights organizations warn that this practice puts minors at risk of harm, psychological stress, and delays in accessing justice, breaching both the Constitution and international child protection standards.
The issue was highlighted on July 7 when six children charged alongside adults in a cannibalism case from Kapenguria appeared in Kitale Law Court.
Chief Magistrate Samuel Mokua ordered assessments to determine their ages, pointing out the absence of proper detention options for juveniles.
Officers at Kitale Police Station confirmed that there are no separate holding units for children.
“Holding children with adults is unlawful. A dedicated facility must be established,” said human rights advocate Wilfred Ogutu.
Boniface Wanyoike, a paralegal officer at the Justice and Peace Centre, stated that civil society tracks at least two criminal cases involving minors and four protection cases weekly at Kitale courts. “Almost all police stations detain children with adults. Taking them to Eldoret often causes missed court appearances because of logistical issues,” he said.
Conditions in local police stations fail to provide minors with essential needs, increasing stigma and emotional trauma. Advocates note that numerous cases go unreported, weakening the justice system’s protection for children.
Pastor John Wanjala of Living Faith Ministries called on authorities to allocate land for a juvenile centre in Kitale. “We must support these children and hold negligent parents accountable,” he said.
The Department of Children Services has also raised alarm over rising numbers of street children in Kitale, attributing it to poverty and neglect.
While the Constitution and the 2022 Children Act guarantee special protections for minors, experts say enforcement is inconsistent, leaving children vulnerable to abuse and neglect in the justice system.
