The Law Society of Kenya (LSK) has initiated an inquiry into the persistent delays affecting defilement cases in Busia County. The move follows a media investigation revealing that numerous cases dating back to 2021 and 2022 remain unresolved, causing distress to families seeking justice for child survivors.
Several families shared their frustrations with Citizen TV, describing repeated court adjournments, lost files, and prolonged hearings. One case involves a girl, referred to as Malaika, who was allegedly defiled at age four in 2022. Her family has attended court over 30 times with little progress due to file transfers, magistrate changes, and delayed witness testimonies. Her case is now scheduled for a defense hearing in September 2026.
Other families from Teso and Busia have similarly endured years-long delays in pursuing justice for sexual abuse victims, including a case involving a 14-year-old girl assaulted in 2021. Despite the survivor now being 19 and having a child, the matter remains unresolved.
LSK Calls for Urgent Reforms
LSK’s Child Law Committee, led by Ogalo Irine Auor, expressed concern that delayed justice exacerbates trauma for child survivors and violates their rights under the Children Act 2022 and the Constitution. The society emphasized that justice delayed is justice denied, particularly for vulnerable minors.
LSK urged the Judiciary and child protection agencies to prioritize such cases by enforcing strict timelines and minimizing adjournments that cause secondary victimization. The society also recommended enhancing child-friendly court environments with dedicated staff, virtual testimony options, and psychosocial support.
Efforts to improve coordination among agencies handling child abuse cases are underway, with LSK actively engaging Busia Law Courts to expedite resolutions. The society reaffirmed its commitment to safeguarding children's rights and ensuring perpetrators face accountability without undue delays.
