Promoting child rights in Kenya - Pelastakaa Lapset ry

1. Historical Perspective on the Children Sector in Kenya.The children sector for the purpose of this study defines a broad spectrum of activities, projects,programs, policies, and institutional frameworks in the country which focus on fulfilment ofchildren’s rights, implemented by both state and non state actors. The concept also embraces theactions by and involvement of children themselves as key actors and ultimate beneficiaries.In order to understand the children sector in Kenya as it is today it is important to appreciate how ithas evolved over time and space. Agencies in the sector have evolved from charity basedinstitutions that approached children issues from a welfare perspective to current institutions thatemploy a range of approaches from needs based to rights based programs. The child rights basedapproach recently embraced in some of the programs recognizes children as rights holders whoare entitled to these rights that should be guaranteed by the government, their parents andguardians as duty bearers. More and more programs also now recognize the right of childrenthemselves to participate in any decisions concerning them.During the pre-colonial period in Africa children’s welfare, care and support was considered theresponsibility of the community where they lived. There were sayings such as “a child does notbelong to one family but to the extended family system”, or “it takes a whole village to bring up achild”. However, due to urbanization and rapid population growth in the 20 th century thephenomena of child neglect emerged and children living on the streets became a common featurein most urban centers. In early 1900s in Kenya there were limited attempts to address socialneeds, with services targeting children mainly focusing on juvenile delinquency and correctionalservices. An example is Kabete Approved School which was established in 1910-1912, the first ofits kind at the time.In 1954 the colonial government established the Ministry of Community Development whichincorporated various social activities aimed at addressing particular social issues such aseducation, probation and community development in the specific localities; in order toinstitutionalize social service delivery.During the struggle for independence family separation was common due to detention of freedommovement supporters dubbed the Mau Mau and their collaborators. Detention without trial and thevillagisation policy were common and this resulted to suffering of families, including children. Theemergence of children without families due to death and displacement of parents and othercaregivers played a big role in the formation of organizations such as Child Welfare Society ofKenya (CWSK) in 1955 which was formed to address the needs of such children. CWSK wasregistered through Government Notice No. 1768 issued on 19 th December, 1955 and signed by theMinister for Local Government, Health and Housing. The Society’s mandate was to offer servicesto prevent cruelty and neglect of children guided by Ordinance No. 12 of 1955. To date CWSKoperates as a NGO but continues to receive government assistance for its work due to thishistorical association.In 1964 immediately after independence, the Kenya National Council for Social Services (KNCSS)was formed through an Act of Parliament to promote and coordinate social service initiatives andprograms in Kenya including programs for children, youth, women, persons with disabilities and11