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CONCLUSION

Children’s rights norms encapsulated in the CRC and the African Children’s Charter have had a significant effect on the domestic laws and practices of many African States that are parties to these treaties. In keeping with its treaty obligations to review and reform laws relating to children’s issues, Kenya enacted the Children’s Act in 2001. This law includes provisions pertaining to juvenile justice.

The child rights-oriented philosophy of the law is very different compared to the previously inherited legal framework. The resulting situation is a legal framework motivated by children’s rights norms. The legal framework that anchors the juvenile justice system in Kenya will have to be the subject of further reform if the country wishes to usher in some of the discrete aspects of a rights-based system, envisaged in treaties such as the CRC. Beyond such law reform, the Kenyan example proves that the achievement of a truly separate and rights-based system will also require considerable practical administrative changes, investment in new facilities and an improvement of the capacity and knowledge of judges, the police, and other players within the criminal justice system.

 
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