Quest Journals Journal of Research in Humanities and Social Science Volume 2 ~ Issue 4 (2014) pp:11-63 ISSN(Online) : 2321-9467 www.questjournals.org *Corresponding Author: Dr. Scholastica Omondi 11 | Page Department of Humanities and Social Sciences, Criminal Justice Studies, United States International University-Africa, Nairobi, Kenya. Research Paper An Evaluation of Child Sexual Abuse Trial Procedure In Kenya Dr. Scholastica Omondi (Ph.D.) Department of Humanities and Social Sciences, Criminal Justice Studies, United States International University-Africa, Nairobi, Kenya. Received 24 March, 2014; Accepted 07 April, 2014 © The author(s) 2014. Published with open access at www.questjournals.org ABSTRACT: Child protection is a constitutional right in Kenya. Victims of child sexual abuse (CSA) therefore have a right to be protected while testifying in court through fair procedure.This research examined the procedure applied in child sexual abuse trial in Kenya and found the process inadequate in protecting Child Victims of Sexual Abuse (CVSA) as they testify. The study recommends the enactment of procedural laws that ensure the implementation of child rights that protect victims of sexual abuse. The paper is presented in eleven parts namely;introduction,background to child protection, difficulties in protecting CVSA as they testify,research objectives,research questions,justification for the study, theoretical framework ,methodology ,ethical considerations ,study findings, conclusions and recommendations. Keywords:- Abuse, Child, protection, sexual, victim, I. INTRODUCTION CSA is a global phenomenon that, paradoxically, 1 often occurs within the context of the family, an institution that ideally should protect children. 2 It is a crime that occurs in private, away from the glare of the public and violates the dignity as it invades the privacy of its victims, taking away their self-esteem and childhood according to Temkin. 3 The private nature 4 of committing CSA, and the possibility that the only witnesses to the crime may be the perpetrator and the victim, presents serious difficulties to the prosecution of the offence under the adversarial legal system. 5 Although CSA is perpetrated against both boys and girls who equally suffer serious consequences, in the case of the latter, it sometimes robs them of virginity - a most cherished status that cannot be quantified according to Temkin who further argues that when it occurs, CSA is often accompanied by other forms of abuse such as physical, emotional, psychological, mental and spiritual violence. 6 Likewise, CSA robs boys of their innocence and may be exhibited in adulthood as a form of relational problem. CSA has been described as an experience that disrupts the normal healthy development of its victim and results into coping difficulties physically, intellectually or emotionally. 7 1 The paradox of child sexual abuse is that the home, institution or persons with the duty to protect children are the ones leading in committing sexual assaults on children under their care due to the private nature of any home. The abuse can thus take place over a long period of time without being detected by legal authorities. 2 K Melville and G Bird, Families in Intimate Relationships (R R Donnelley & Sons, 1994) 436. 3 J Temkin, Rape and the Legal Process (Oxford University Press, 2002) 4. 4 Child sexual abuse, unlike other offences is committed in private, often an institution or home by people who have the duty to care for children and so are trusted by them. When the abuse occurs, the fear instilled in the child and many other factors hinder its detection and make it difficult to prosecute. 5 Abrams E D and Ramsey H S, Children and the Law: Doctrine Policy and Practice (Minn West Group, 2000)541. 6 Op. citn 3. 7 G Davies and E Noon, Evaluation of the Live Link for Child Witness (1991) 3-6.