Survivors Said the Justice System Re-Traumatises Them. The Judiciary Listened.

Key Data

Survivor Aileen Odinga delivered testimony at ELRASE III stating that the justice system dismisses survivors, delays cases, and denies protection, deepening trauma. Child-friendly interview rooms now exist in Nairobi (3), Kisumu, Mombasa, and Lamu. The Judiciary's Child Justice Strategy (2023-2030) is operational. The Communique committed to survivor-centred approaches.

What Is Happening

The Judiciary is moving from procedural to therapeutic justice models for child-related cases. This is not aspirational language. Physical infrastructure (interview rooms), institutional strategy (Child Justice Strategy 2023-2030), and procedural commitments (the Communique) are all in place.

Why It Is Happening

The shift is driven by mounting evidence, including survivor testimony at ELRASE III itself, that standard adversarial procedures re-traumatise child witnesses and suppress reporting. International best practice (cited from the UK, South Africa, and the European Court of Human Rights) has demonstrated that child-sensitive procedures improve both justice outcomes and reporting rates.

Practice Impact and Revenue

For all litigation practitioners handling cases involving children, procedural expectations have changed. Courts will increasingly expect advocates to be familiar with child-sensitive procedures, to avoid re-traumatising witnesses, and to use the available infrastructure (interview rooms, psychosocial support). Advocates who are not prepared for this will face judicial criticism and potentially adverse outcomes.

For family law practitioners, custody and protection matters will be directly affected.

Specialised training in child-sensitive litigation techniques is a CPD product. Advocates certified in trauma-informed practice will command a premium in cases involving minors.

Strategic Insight — What Most Advocates Will Miss

This is a quiet but consequential shift. The transition from adversarial to therapeutic models for child cases will eventually spread to other vulnerable witness categories (gender-based violence, persons with disabilities). Advocates who build trauma-informed practice skills now are investing in a capability that will have broadening application.