Justice Helene Namisi Calls for Collective Action to End Child Marriage, Cites Judiciary’s Role in Protecting Girls’ Rights
Speaking on behalf of the Chief Justice and President of the Supreme Court of Kenya during the International Day of the Girl #EndChildMarriage Storytelling Forum, Justice Namisi emphasized that the fight against child marriage is not just a legal or developmental matter, but a profound issue of justice and human dignity.
“The theme ‘Let Me Be a Child, Not a Wife’ captures the moral clarity of our shared mission — to safeguard every girl’s right to childhood, education, and freedom from exploitation,” she said. “Child marriage robs girls of their innocence, interrupts their education, jeopardizes their health, and traps them in cycles of poverty and dependence.”
Justice Namisi commended Plan International Kenya for its steadfast advocacy in advancing gender equality and for creating safe spaces for girls to express their experiences through storytelling. She also applauded the organization’s partnership with government institutions in promoting the welfare of children and young women.
Citing alarming statistics, Justice Namisi noted that globally, over 100 million girls are projected to be married before the age of 18 by 2030 if current trends continue. In Kenya, one in every five girls is married before reaching adulthood — a situation she described as “a call not for sympathy, but for action and justice.”
She outlined the robust legal framework protecting children’s rights, including Article 53 of the Constitution, which guarantees every child the right to free and compulsory basic education and protection from abuse, neglect, and harmful cultural practices. She also cited the Marriage Act (2014), Children Act (2022), and Sexual Offences Act, which collectively outlaw child marriage and other exploitative practices.
However, Justice Namisi stressed that having strong laws is not enough — true justice lies in their implementation.
“The real measure of justice is in translating the promise of legal protection into the lived experiences of every child,” she stated. “The judiciary has taken deliberate steps to make justice more accessible and responsive to the needs of children and families.”
She highlighted initiatives such as the establishment of Family and Children’s Courts, the Gender Justice Courts, and specialized training for judicial officers to ensure that cases involving children are handled with sensitivity, speed, and compassion.
Justice Namisi reaffirmed the judiciary’s unwavering commitment to upholding the rights of children, pointing to landmark rulings that have condemned harmful cultural practices, including female genital mutilation (FGM) and child marriage.
“The judiciary does not see itself merely as an interpreter of the law, but as a guardian of humanity,” she affirmed.
She urged religious leaders, educators, community elders, and families to join hands in dismantling the social norms and economic pressures that perpetuate child marriage.
“Ending child marriage demands a whole-of-society approach. Empowering girls to make their own choices is not only a moral obligation — it is a strategic investment in our nation’s future,” she said.
Justice Namisi concluded by calling for stronger education systems and social protection programs to shield vulnerable families from poverty — one of the key drivers of early marriage.
“Our 2010 Constitution is transformative. It calls on every Kenyan — state organs and citizens alike — to take active measures to dismantle structural inequalities and make justice real for every girl,” she said.
The storytelling forum, convened by Plan International Kenya, brought together young girls, community leaders, government officials, and partners under the theme “Let Me Be a Child, Not a Wife,” as part of global efforts to end child marriage and promote girls’ education and empowerment.
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