Why judge wants children to attend chiefs’ barazas

Makueni presiding judge Teresia Mumbua Matheka (centre) joins dancers during the launch of 16 Days of Activism against Gender-Based Violence at Kavete Township in Makueni County on November 29, 2023.


Photo credit: Pius Maundu | Nation Media Group

What you need to know:

  • When she is not defending the rights of Rastafarian children, Justice Teresiah Matheka is defending children’s rights by advocating for expectant girls to remain in school.
  • She now wants chiefs and their assistants to convene barazas with children as a way of stemming SGBV cases.

Justice Teresiah Mumbua Matheka is not a stranger to controversy. When she is not defending the rights of Rastafarian children to access education, the judge with a hearty laughter is pushing the boundaries defending children’s rights by advocating for expectant girls to remain in school.

The Makueni presiding judge and chairperson of the Standing Committee on the Administration of Justice for Children at the National Council on Administration of Justice now wants chiefs and their assistants to convene barazas with children as a way of stemming cases of sexual and gender based violence (SGBV). She says having a robust Children Act is not enough in protecting them from sex pests.

“We have heard that children should report abuse of their rights to chiefs. How can they do so when the chief has not educated them about the rights in the first place?

“When children are ignorant of their rights they cannot report their abuse to authorities. Since we are saying ‘let us invest in preventing SGBV’, we should start by teaching children about their rights and responsibilities,” Ms Matheka when she headlined the launch of 16 days of activism against sexual and gender-based violence at Kavete Township in Makueni County.

The judge decried a spike of SGBV cases in the country and its economic implications as indicated in the latest State of the Judiciary and Administration of Justice Annual Report recently presented by the Chief Justice Martha Koome.

She alluded that administrators countrywide were not doing enough to stem the vice.

“Whenever I speak to individual chiefs, I do not hesitate to remind them they have a responsibility of teaching children about their rights. This has not happened. In the Children Act, a chief is known as an authorised officer who has a responsibility to educate children about their rights and responsibilities in line with the law. It is the responsibility of the Department of Children Services to team up with chiefs to convene barazas with children to educate them about the Children Act,” she said.

Domestic violence

“It does not require money for the chief to call a baraza and ask parents to come with their children for a talk. A children officer should also join the conversation. This will bring a lot of change in the campaign against SGBV. If there is domestic violence happening at home, the children might be the first to report.”

Justice Matheka noted that children witness these things but some do not know where to report.

“When we parade the children as witnesses we learn that they used to witness the violence as it happened but did not know where to report,” she added.

The ceremony saw Makueni County renew its commitment towards eliminating SGBV. The deputy governor Lucy Mulili, said the county in partnership with the national government and non-governmental organisations had set off activities across the county to intensify the fight against SGBV.

The county gender sector working group showcased SGBV champions, one of the strategies the county has deployed to accelerate the elimination of the vice.

SGBV survivor

Mary Kanini, a SGBV survivor turned champion, explained how opening up about her experience has opened doors of opportunity. The mother of six is now a contractor with Makueni County government, an opportunity that came her way after she quit her abusive marriage.

“When your spouse becomes violent, quit the marriage. Do not wait to be injured or killed”. The trader has become the face of the campaign against SGBV in the county.

At the same time, Gender Violence Recovery Centre, an organisation which is affiliated to the Nairobi Women Hospital, enlisted and trained 120 male SGBV champions last week and deployed them to Makueni County, bringing to 1,620 the number of trained champions spread across the county.

“We are banking on SGBV champions to eliminate all forms of SGBV. They work closely with administrators to create awareness on the problem and report incidents,” the deputy county boss said as she called on residents to reject kangaroo courts in the fight against the SGBV scourge.