EDITORIAL: Delays in prosecuting child trafficking suspects poses greater risk to witnesses

The question of child trafficking in Kenya is one that has gone on for a long time and, while the state has made efforts to deal with the matter, the cartels continue to fight back.

Some state agencies are doing their all to bring the matter to a halt yet others have, within them, agents of the trafficking networks that are behind the inhumane trade. Last week, the Directorate of Criminal Investigations did issue another warning to the traffickers, a welcome statement that child protection and welfare activists have been waiting to hear.

It is the hope that this statement by DCI boss George Kinoti will not be like Director of Public Prosecutions Noordin Hajji’s remarks sometime towards the end of 2018, which have not yielded anything.

When Hajji spoke then, it was the hope of those who are pushing for the culprits of trafficking to be brought to book would finally have their day in court but it remains to be seen. It was expected then that the 17 files that had been processed ready for prosecution would end up in court but ODPP remains quiet to date for reasons best known to them.

Justice delayed is justice denied, goes the old adage yet for they that took the fight to the front line are faced with so much more than just that – their own security and their families is at great risk because the cartels have marked them and are doing everything to frustrate them.

The message here is that those adoptive parents who had been hoodwinked that they had legally adopted the children, those activists and other Kenyans who care for children who are witnesses in the cases meant to proceed to trial need very urgent protection, they are not just being intimidated but also being scorned for “fighting a losing battle”.

ODPP and DCI must now move with speed and get the suspects in court as the first step to protect the witnesses from the harassment that has become a part of their life and if they are not ready to proceed then let the witnesses be properly protected but questions would still abound as to why the responsible agencies would not be ready yet the files for at least 17 cases were ready ages ago.

Of greater concern is the well-being of the children involved because of the traumatic effect this prolonged prosecution as a means to the end of their predicament has on them. The adoptive families too.

“They are caught by the child they now call their own and there is a natural feeling that they should protect the child just like any other parents,” says a child welfare activist in respect of the psychological effect adoptive parents end up having.

“Any recovery mechanism system must be put in place to deal with all the victims because even some of these parents are lied to so they are equally victims like the children are.

“The biological families too are caught up in the mess and need support to cope with the trauma and stress of knowing that your own child is now a subject of dispute with strangers.”

Kurunzi continues its call for state agencies to ensure the government ban on adoption of Kenyan children by foreigners is fully implemented and those culpable of having flouted that directive should face justice in court.