The Kenyan population is largely legally illiterate. This does not apply to those people who lack basic literacy it also applies to Kenyans who are even "thoroughly" educated. This therefore means that the parents, teachers, caregivers and other duty bearers who are charged with the responsibility of taking care of the children do not even know what the law says about the child in the event that their rights are abused. Most of them including our own law makers do not know What the CRC is all about and for those who have heard about it, do not know what process needs to be followed to domesticate it.  With the ones who know the process that needs to be followed to domesticate it they too do not know the exact provisions contained therein for the protection and promotion of the rights of the child and poor communities at large .

Kenyans are also still emerging from the culture of fear that enshrined the word "rights". This word was hated by those in power, loathed and feared by those being governed and the culture has taken some time to start wearing off in people's mind

Yes, there is some measure of a supportive legislative framework that provides for the protection of the rights but there is a wide gap between enactments of the said laws and the realization of the rights of the Kenyan child and the poor citizen of today. That there is definitely a lacking supportive legislative and policy framework for children who live on and off the streets, the pastoralist child, the child affected and infected with HIV Aids, children living with parents who are homosexuals etc.

Traditionally, the Kenyan society is pegged upon a patriarchal kind of system. We all know that in this kind of system, the man is the head of the family, who is supposed to NOT JUST make decisions but dictate terms to the entire family and the decision made by men in the patriarchal set-up are supposed to benefit all the others who are not enjoying the privileged position of decision-making. Children in this set-up are largely viewed as creatures that are "not yet human beings".

Children were only supposed to be seen, their views about anything or touching on any issues concerning them were not sought. Decisions were made for them and on their behalf. But since society is dynamic, a lot of changes have visited our present day society. Even out views about children have kept changing and evolving most of the changes show that children are indeed human beings of their own fundamental human rights.

Our relationship with children even in the present-day society is still based on the dominant child-image where the adult makes all the decisions for the child. This image is however being challenged by the CRC provisions of viewing the child as a person on their own and deserving of their own dignity with their own rights.

There are still many traditional practices that impede the promotion of the rights of the child. Effort to promote the best interest of the child has not met hostility in these practices for those communities that practice them, believe that whatever they are doing is in the best interest of their children. Very minimal effort has been used to try and educate the various communities with injurious practices to the rights of the child. The few who have been targeted have on the face value shown a willingness to change but in practice continued the practice though in camouflage. Children are seen as poor victims deserving of pity as opposed to individuals who deserve to be treated with dignity. This compounded further with the ignorance of the majority of Kenyans, our lawmakers included, on what the rights of the child are.

The Children's Bill seeks to protect the right of the child to knowledge and to parental responsibility but it lets the man who fathers a child to choose whether to provide and care for his fathered child or not. This leaves the child born out of wedlock with first and foremost no knowledge of who his/her father is and secondly no support from her/his biological father who has chosen not to support her though he chose to participate in the process that begot her/him.

Our customary law was even better to this end. No man who fathered a child had a right to walk away from his responsibility but with our changing society we are heaping more and more responsibility on women and lessening the burden on men. The presence of many children on the streets from single-headed female households should have awakened us but it seems to have sent many Kenyans to sleep thus sacrificing the rights of our children further.

There has been a recent upsurge of unrest in schools and from reports in our Daily News papers and Electronics media; these are being attributed to the ban slapped on caning in schools. Teachers from every part of the country are asking the Ministry of Education to reinstate caning as form of punishment whose removal they claim has led to escalation of student unrest in schools. The students most of whom are children on the other hand are asking for dialogue. They want to have room to air their grievances without vindication, they want to be heard first before being punished for any wrongs they may or may not have committed. This scenario is a good indicator of the fact that the views of children are important and they have listened to.

The Kenyans populace, parents, guardians, care-givers etc to create time to listen to children it is their right. The rules of natural justice do not apply only to adults and discriminate against the child and the poor- they apply to the child and the pauper too. Article 12 of the CRC state particularly that, the child has to be allowed to express its own views in all matters affecting it. This article also contains provisions on the right of the child to be heard in all legal and administrative proceedings. In my view we cannot talk about children's responsibility without addressing their rights.

As already intimated, Kenyans are by and large ignorant of the rights of the child. This to many is a foreign concept which needs to be treated with caution. Despite the legislative framework that has incorporated the provisions of the CRC a lot of awareness and sensitization campaigns need to be undertaken by the government. NGOs and Religious groups have  tried, there is however still a lot of work to be done. The government sector needs a reawakening amongst its officers on issues of child right and our lawmakers need to educate themselves on the concept of right in relation to child rights.

Although Kenya has committed itself to the education-for-all-goal, OFFLACK think it might prove a pipe dream; because our system has a high dropout rates, low transition trends, low equity and poor participation, the target seems elusive.

The system has led to rising illiteracy. Its effect on the other sectors of the economy is quite deleterious.

Far too many school going children are not in school. Others are dropping out because they cannot afford the fee.

Compounded by retrenchment and the effects of HIV/AIDS on families, the situational is becoming desperate. It is now estimated that one million children enter standard one annually, but that only less than half sit the standard eight examinations.

The dropout rate is pronounced between the first and fifth grades, where factors like the long distances they have to travel to school, a hostile learning environment and the levies and textbook burdens shut many out of school.

Even the transition rates to Secondary school are not encouraging. Every year, thousands continue missing places. Since 1994, about 1.7 million have dropped out for lack of places.

It is for this situation that Oscar King'ara and Nancy Wangechi Munene founder and trustees of this organization felt that it was absolutely necessary to create legal awareness amongst the child and the poor . Moreover, if the child and the poor are educated in their rights and obligations under various laws,  That would serve four imported ends, namely,

i)        It would save them from legal troubles arising merely from ignorance

ii)      It would enable the child  and the poor citizen to seek legal advice in time which would avoid further legal difficulties and prevent necessity of litigation

iii)    It would generate power amongst the child  and the poor because knowledge is power

iv)    It would make them self-reliant it is only if the large masses of our Citizen's becomes conscious of the law that many little tyrannies, brow-beating bossism's, feudal oppressions and exploitative malpractice can be eradicated. It must be remembered that law can become a potent weapon to protect the weak, not when it is merely lawyer's law or textbook teaching, but when the intended consumers know its content and possess the know-how to claim it.

  Oscar King'ara the mastermind of this organization on 14/07/2001 his birthday,  sold the idea to his other lawyer friends who unanimously supported the idea and agreed to adopt the name (off lack) to stand for Oscar Foundation Free Legal Aid Clinic Kenya . Two lawyer friends, Kiiru and Wainaina, donated part of their office for the organization.

  Initially, we were 22 members each contributing Kshs. 1,000/= as enrolment fee money to facilitate the running of the organization in terms of stationeries etc. Today the organization consist of 150 lawyers and two thousands ordinary members.