- Chief Justice Martha Koome has called for urgent action to address sexual violence and early pregnancies among children in Bungoma County.
- She wants the Judiciary, county government and child protection agencies to develop a coordinated response to the crisis.
- Koome has also called for free medical care for survivors and expansion of child rescue services across the county.
Chief Justice Martha Koome has sounded the alarm over a growing child protection crisis in Bungoma County, revealing that 125 defilement cases are currently pending before Bungoma Law Courts.
The startling figure emerged as the Chief Justice called for urgent, coordinated action to address early pregnancies among minors, sexual violence and barriers that prevent vulnerable children from accessing justice and support.
Speaking during an engagement with Bungoma Governor Kenneth Lusaka, Koome described early pregnancy as a major child justice crisis, warning that the problem cannot be tackled by one institution acting alone.
She called for the establishment of a comprehensive Bungoma County Action Plan bringing together the Judiciary, County Government, Children’s Department and other relevant stakeholders.
“Such a societal problem cannot be handled by one actor. It is a collective responsibility,” Koome said.
Her remarks come against the backdrop of the 125 pending defilement cases, underscoring the scale of sexual offences involving children before the courts.
The Chief Justice said eliminating the vice requires a whole-of-society approach involving government institutions, communities and other actors responsible for child protection.
She emphasised that the response should go beyond prosecution to include prevention, survivor protection, medical care and access to justice.
Koome also commended the Bungoma County Government for establishing the Children Rescue Centre at Ndengelwa, describing the facility as an important intervention for vulnerable children.
She urged the county to replicate the model in its remaining eight sub-counties so that children in distress can access protection services without having to travel long distances.
In one of her strongest appeals, CJ Koome urged the county government to waive medical fees for survivors of sexual and gender-based violence.
She argued that charging survivors for treatment can worsen the trauma they have already endured.
The call puts survivor welfare at the heart of the justice process, emphasising that victims of sexual violence should receive timely medical and other support without facing additional financial burdens.
Governor Lusaka reaffirmed the county government’s commitment to protecting children and called for firm action against perpetrators of defilement, offences that can result in early pregnancies among minors.
Most justice seekers never reach court
Koome also drew attention to another challenge facing the justice system: many Kenyans prefer resolving disputes outside conventional courts.
According to a recent survey cited by the Chief Justice, only 17 per cent of justice seekers go to court, while 64 per cent prefer Alternative Justice Systems (AJS) and 19 per cent take no action.
The figures, she said, demonstrate the importance of making justice accessible through mechanisms that communities understand and trust.
The Judiciary is constitutionally mandated to promote alternative dispute resolution mechanisms, including mediation and recognised traditional justice systems.
Koome noted that agreements reached through recognised AJS mechanisms can be adopted as court orders where they meet the required legal and constitutional standards.
Governor Lusaka pledged to work with the Judiciary to strengthen mediation and AJS structures across Bungoma, acknowledging that many residents prefer community-based dispute resolution.
The Chief Justice also raised concerns about the distribution of judicial infrastructure in Bungoma.
The county has nine constituencies but only four courts — Bungoma, Webuye, Kimilili and Sirisia.
Koome thanked the county government for allocating 1.5 acres of land for a new court but urged the administration to provide additional land in other constituencies.
She also encouraged local Members of Parliament to consider supporting court construction through Constituency Development Fund (CDF) resources to bring justice services closer to residents.
The expansion of court infrastructure, she said, would help make justice more accessible, affordable and people-centred.
The warning behind the numbers
The 125 pending defilement cases represent more than a judicial statistic. They point to a wider child protection challenge requiring intervention before children become victims of sexual violence.
Early pregnancy can disrupt a child’s education and expose survivors to additional social, economic and psychological challenges.
For the Judiciary, therefore, the fight must involve more than determining cases after offences occur.
It must include prevention, early intervention, child protection, survivor support and swift access to justice.
Koome is touring courts across Western Kenya as she engages county governments and other stakeholders on regional justice needs, judicial infrastructure and partnerships aimed at improving access to justice.
Her Bungoma visit has now placed the county’s child protection challenge firmly in the national spotlight.
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With 125 defilement cases pending in court, the message from the Judiciary is unequivocal: protecting children can no longer be treated as the responsibility of one institution — it is a collective obligation.
By Hillary Muhalya
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