In Busia County, children who have suffered defilement face prolonged battles for justice, with cases often stretching for years due to repeated postponements, lost court files, and systemic inefficiencies.

Years-long Struggles for Justice

Malaika, a child defiled at age four in October 2022, and her family have endured over three years of legal delays. Despite the accused surrendering to authorities and initial arrests, the case has been transferred between courts multiple times, with frequent adjournments and missing files causing further setbacks.

Malaika’s father recounts over 30 court appearances with little progress, as key witnesses were bribed or failed to testify, and expert witnesses such as doctors and police officers delayed their testimonies until nearly three years after the incident.

Similar Cases Highlight Systemic Challenges

Other families in Busia share similar frustrations. One family’s daughter was abused by a relative living nearby, yet after four years of court appearances, the case remains unresolved. Another survivor, assaulted at 14, now 19, fled her village due to stigma and threats, while the accused—a government employee—continues to live freely as the case stalls.

Impact on Families and Communities

The drawn-out process has taken a heavy toll on victims and their families, who often travel long distances for court dates and medical tests, only to face repeated delays and intimidation. Many express a loss of faith in the justice system and fear manipulation of evidence.

Experts Cite Interference and Legal Loopholes

The Rural Education and Economic Enhancement Programme (REEP) reports handling over 14,000 defilement cases since 1998 in Busia. REEP officials highlight interference by brokers and frequent changes of defense lawyers as tactics that delay proceedings, sometimes for years.

Fred Matata, REEP’s Chief Paralegal, notes that high-profile cases often experience deliberate file mishandling and witness absence, further stalling justice.

Judiciary Efforts and Remaining Gaps

Despite Chief Justice Martha Koome’s directives to conclude children’s cases within six months, Busia courts struggle to meet this target. Linda Ndambiri, Head of Children at the ODPP, emphasizes the need for expeditious handling to preserve child witnesses’ memories and reduce trauma.

Currently, only Nairobi and Mombasa have specialized children’s courts, though efforts are underway to establish such courts across all counties.

Statistics Reflect Backlog

  • 2021: 120 defilement cases filed; 94 concluded, 26 pending
  • 2022: 127 filed; 74 concluded, 53 pending
  • 2023: 140 filed; 60 concluded, 80 pending
  • 2024: 106 filed; 46 concluded, 60 pending
  • 2025: 64 filed; 14 concluded, 50 pending
  • 2026 (to date): 41 filed; 1 concluded

These figures cover only Busia law courts, excluding other local courts, indicating an even larger caseload.

Families Demand Accountability

Many families have lost trust in the system, with some choosing to prioritize their children’s well-being over prolonged legal battles. Yet others, like Malaika’s father, remain steadfast in seeking justice despite years of hardship.