CHAPTER SEVENTEEN

ENSURING DISABILITY RIGHTS

The Challenges:

In the absence of official statistics, it is estimated that at least 10% of Kenya’s population are persons with disabilities. The current Constitution of Kenya does not prohibit discrimination against people on the basis of disability.

The Persons with Disabilities Act was enacted in 2003 by the Kibaki Government but there is a need to constitutionally entrench protection and empowerment of persons with disabilities. Some of the rights that are sought by persons with disabilities, such as the right to affirmative measures in respect of parliamentary representation, are constitutional issues and need to be included in a new constitution.

Certain key sections of the Persons with Disabilities Act (2003) have not been implemented. Immediate implementation of sections concerning the reservation of employment for persons with disabilities (section 13), National Development Fund for Persons with Disabilities (section 32) and exemption from tax (section 35) would greatly improve the livelihoods of persons with disabilities.

The “national machinery for ensuring the rights of persons with disabilities,” refers to the mechanisms that the state has in place for ensuring the rights of persons with disabilities. This constitutes two basic actions. First, the National Council for Persons with Disabilities was established in 2004 with an annual budget of Kshs 6 million. This is less than two months’ salary for the Director of the Kenya Anti Corruption Commission! Second, “a desk” in the Ministry of Gender, Sports, Culture and Social Services was established to deal with issues of disabilities.

These mechanisms are inadequate for addressing the needs of at least 10% of the country’s population.The free primary education promise has not yet been realised for children with disabilities. They face physical access challenges and lack of teaching aids, such as Braille or sign language interpretation necessary to facilitate their full access to free education. The dream of universal free primary education is, therefore, yet to be actualised for children with disabilities.

Our Commitments:

We will ensure that all vulnerable groups in our society are not discriminated against and are given opportunities to be productive and self-reliant.

We will introduce the Bomas Draft Constitution that addressed the concerns of persons with disabilities. Issues such as representation had a reservation of at least 5% of all appointive offices for persons with disabilities as well as affirmative action provisions in the chapters on the legislature and the devolved governments.

We will enforce the provisions of the Persons with Disabilities Act to improve the quality of life of the disabled in our community.

We will increase access to education and training; provide employment opportunities; and increase access to health services.

We will improve coverage, efficiency and effectiveness of the services for people with disabilities.

We will implement relevant programmes, initiatives and services designed to care for, protect and develop children with disabilities (physical and mental) to their full potential.

Your ODM Government will:

• Develop and enforce a policy on ensuring full access for children with disabilities to the free primary education programs.
• Fully operationalise the Persons with the Disabilities
Act.
• Entrench the protection of people with disabilities in the new constitution.
• Through affirmative action ensure parliamentary representation and inclusion for appointments in the public and diplomatic service.
• Encourage the private sector to recruit more people with disabilities to appropriate positions.
• Ensure free universal delivery of mobility aids for the handicapped.
• Promote awareness and sensitisation of disability issues, particularly with regard to the UN minimum rules in the equalisation of opportunities for persons with disabilities.
• Encourage participation of people with disabilities in decision-making and contribute wherever possible to their expenditure on social services.
• Actively promote sports for the physically and mentally challenged and improve training facilities.
• Ensure that those that are least able and most vulnerable are adequately cared for.
• Promote and reward exemplary achievements by individuals with disabilities who have excelled in their chosen career.