SCHOOL: SCHOOL OF ARTS AND SOCIAL SCIENCES
COURSE: BACHELOR OF CRIMINOLOGY
COURSE CODE: SCR-210-JUVENILE DELINQUENCY AND JUDICIAL SYSTEMS
TASK: ASSIGNMENT
LECTURER: ALEX NDUMIA
NAME: KOSGEI LINUS – BCR/B/02-57594/2017
DATE: ………………………………………………
Effectively analyze challenges facing the juvenile justice system in Kenya. What are the possible
solutions.
Arrest, search and seizure.
In the majority of cases, the first contact which a young adult offender makes with authority is through the
police. More and more attention is being paid to the way in which this first contact takes place, because it is
believed that it may play a decisive role as regards the offender’s future. Generally, the first role of the
police in dealing with the young offender is that of detection, investigation and arrest.
To make a legal arrest, an officer must have probable cause to believe that an offence took place and that
the suspect is the guilty party. Probable cause is usually defined as falling somewhere between a mere
suspicious and absolute certainty. Practice shows that the children and young person are mostly arrested
by police officers. In the operation, police are not armed because children are not resistant to arrest. The
operation is done on gender basis that is female police to female child and male police for male child. There
is no provision in The CYPA which provides for who may conduct an arrest to children and young person,
but if you look at section 25(1) of CYPA it provides that any administrative officer or police above the rank
of sub inspector may bring before a juvenile court a child or young person. But the finding have shown also
that the administrative officers do not engage so much in arresting children who are found to have violated
