In a recent ruling, the Kisumu Court has set free a 10-year-old boy, identified in court documents as N.A.S., who was accused of murdering his eight-year-old friend, T.D.O. The incident occurred on November 25, 2023, at Andingo Olasi Village in Nyakach sub-County.
Justice Roselyn Aburili presided over the case and determined that the minor could not be held criminally responsible due to his age. The court’s decision aligns with the United Nations guidelines, which recommend that the minimum age for criminal responsibility should not be below 12 years. Justice Aburili emphasized that, under criminal law, a child of N.A.S.’s age is not capable of perceiving and carrying out an offense in the same manner as an adult.
The ruling has sparked discussions on the age of criminal responsibility and the appropriate measures for dealing with minors accused of serious crimes. In her judgment, Justice Aburili noted the importance of understanding the developmental differences between children and adults, stating that young children do not possess the same level of cognitive and moral development as older individuals.
The case has drawn attention to the need for specialized legal frameworks when handling cases involving minors. Legal experts and child rights advocates have highlighted the importance of rehabilitation and support for young offenders rather than punitive measures. They argue that children should be provided with the necessary guidance and resources to prevent future offenses and promote their well-being.
In the wake of this ruling, there have been calls for a review of the criminal justice system’s approach to juvenile offenders. Advocates are urging policymakers to consider the establishment of more comprehensive juvenile justice programs that focus on rehabilitation, education, and social reintegration.
While the court’s decision has been met with mixed reactions, it underscores the ongoing debate about the appropriate age for criminal responsibility and the best methods for addressing juvenile crime. As societies continue to evolve, so too must their legal systems to ensure that they effectively protect and nurture their youngest members.
