Article 48 Initiative

Launched the Judicial Bench Book on Trafficking in Persons for Sexual Exploitation. Trafficking in persons, particularly for sexual exploitation, represents one of the most heinous violations of human rights. It predominantly affects women and girls, who are lured, coerced, and forced into situations of exploitation that strip them of their dignity and freedom. The Bench Book on Trafficking in Persons for Sexual Exploitation is designed to enhance the understanding of this complex and pervasive crime among all judicial officers and justice players. The Bench Book explains the elements of trafficking for sexual exploitation, and sheds light on the legal and evidentiary challenges that often arise in such cases. It also highlights the institutional barriers that impede access to justice and redress for victims and survivors, providing guidance on how to overcome these obstacles. The Bench Book will go a long way to sensitize judicial personnel, including Judges, magistrates, prosecutors, advocates, and probation officers. It will equip them with the knowledge and skills needed to identify potential victims, respond to their needs for support and protection, and adopt a human rights-based, victim-centered, gender- and child-sensitive, and trauma-informed approach to handling cases. I extend my deepest gratitude to the International Association of Women Judges Kenya Chapter and Equality Now for their partnership and collaboration in compiling this Bench Book.

I participated in the Nairobi 2024 Hearth Summit, where I shared initiatives championed by the Judiciary and the NCAJ regarding social justice for the vulnerable, promoting rehabilitation within the criminal justice system, and developing infrastructure to facilitate justice. During the panel discussion on “Restorative Justice,” I highlighted our commitment to overcoming structural, formal, and informal barriers that impede access to justice for the vulnerable. Our aim is to make justice expeditious, accessible, cost-effective, and responsive to the justice needs for the vulnerable groups and all Kenyans. We are rolling out specialized courts, including Children’s Courts, Gender Justice Courts for SGBV cases, and Small Claims Courts. We also implementing programmes like Priority Cards for vulnerable groups, such as pregnant women, the elderly, and persons with disabilities, to ensure they receive priority in receiving court services. Historically, our correctional services focused on punitive measures. However, in alignment with the human rights approach advocated by the Constitution, we have embraced a shift towards a rehabilitative model. This approach aims to transform lives by ensuring offenders take responsibility for their actions, reintegrate into the community, and contribute positively to society. This transition is crucial for reducing recidivism, promoting public safety, and fostering a culture of second chances. It is due to this that we are championing diversion programmes, especially for children and youths, who belong in school rather than in prison. Additionally, we have embraced plea bargaining to enhance the efficiency of the criminal justice system and we are also implementing Community Service Orders (CSOs). CSOs are court orders requiring individuals guilty of criminal offenses to perform public work for the community's benefit. They are essential for restorative justice and help reduce prison congestion by allowing non-serious offenders to work in public institutions under supervision. For example, reformed prisoners who have served part of their sentences engage in activities like planting trees or cleaning streets under local chiefs' supervision. Currently, our prisons house 61,945 inmates, despite being designed for only 30,000, resulting in severe overcapacity. Among these inmates, 36,945 are convicted, and 25,014 are awaiting trial. Overcrowded prisons, particularly with petty offenders, diminish the effectiveness of the criminal justice system. Diverting such offenders allows them to benefit from rehabilitation and make amends. In the last financial year, the courts reviewed 6,555 sentences, granting 2,918 Community Service Orders and 497 probation orders. The Judiciary and the justice sector face a legacy of historical underinvestment. To ensure justice personnel work in conducive environments that support service delivery, significant resources are needed. I urge Kenyans to advocate for increased financial investment in the justice sector to ensure major infrastructural upgrades to our courts, ensuring security and dignity for both our personnel and court users.