Why the Kenyan Disability sector is yet to celebrate Uhuru in 2019: Author Mugambi M. Paul.

Why the Kenyan Disability sector is yet to CELEBRATE Uhuru in 2019:
Author Mugambi M. Paul.

The third eye on Disability policy implementation in Kenya 2019
In recent past, Kenya has been a global leader in developing and advocating for better disability policy framework. This is well articulated on the contributions made to the African disability policy framework, UNCRPD resolutions etc
Yet much is to be achieved in local policy development and implementation.
background:

In a chronology of events demonstrates that it has not been an easy ride for Kenyans with disabilities.
This is because the enactment of the
persons with disability act 2003 took place after the 3rd president was involved in a grisly road accident and took oath of office on a wheelchair.
Furthermore, the Kenyan disability policy has ever remained in draft formats.

All these indicators show It has been a tumultuous journey to have a repeal of the act or even actually develop a strategy of ensuring the realization of the rights of disabled persons in Kenya.

Actually, more than 20 versions of the amendment bills have been put across for the last 14 years.
This is not to say some sort of change has not taken place though it’s a snail pace.
, some piecemeal amendments have been achieved.
For instance, the sign language recognition.
With this notwithstanding, several questions policy makers have to ask themselves.
Who will actualize the implementation of beautiful disability global policies in Kenya?
When will persons with disabilities in Kenya receive and access services without overburdening them? when will the Wanjiku with disabilities stop facing surmountable of challenges in accessing services?

Short term reforms
Some of the actions taken after advocacy include:
Development of
action plan on accessibility 2015
gazettement of adjustment orders, participation on Kenya report on the implementation of UNCRPD 2015etc.
Additionally, in 2018 the ministry of labour has an interagency implementation of the resolution of the global summit held in London 2018

All these actions by the different policy makers are aimed at creating a more inclusive society that enables Kenyans with disability to fulfil their potential as equal citizens.
It is also the main way Kenya implements the United Nations
Convention on the Rights of Persons with Disabilities in Kenya, making sure people with disability can participate in all areas of Kenyan life.
As a public scholar I suggest the interagency organ of the ministry of labour develops a strategy which can address the existing gaps for policy implementation and enactment of 2020 disability act. It will be a great relive for many persons with disabilities.
If the interagency is offered the necessary resources and support, it can have development of a long-term strategic plan which can become a shared commitment by national and county government to work together to improve the lives of Kenyans with disability.
The interagency can guide governments and
other organisations to build the wellbeing of people with disability and their care givers.
Through this process the Ministry of labour and parliamentary committee can ensure the budgeting processes are disability inclusive.

There has been a lot of change to disability policy and service delivery since the enactment of 2003 act.
Some findings from disability researchers, bloggers and experience faced by persons with disabilities have established that the current act has lots of gravy areas.
This is because of systemic failures, lack of execution and resource allocation.
It’s prudent that ministry of labour and the stakeholders bite the bull by its horn by coming up with a long term 10-year disability strategy for Kenya which can be reviewed after five years.

Consequently, we need to make sure a new strategy reflects the changing policy environment and builds on opportunities available today as well as what may emerge over
the next decade, this includes considering the findings from KNCr reports the recent UNCRpd reports,
.
Public participation

constitutionally speaking the parliamentary committee, the ministry of labour should adopt public participation models which will enable persons with disabilities to contribute to the new strategies as a way forward.

This will ensure Consultation people with disability are at the centre of the design of the new strategy and have a leading role in modernising policies and
programs affecting their lives.
The needs to be a clear timeline of the consultation.
The policy makers need to adopt range of options available to ensure that persons with disabilities to have a say.
Importantly, all consultation should be accessible to people will disability.
This can be through the following:

list of 3 items
• an open public survey
Since some part of the population are able to access internet and more so the social media.

• face-to-face community workshops in every county
Media awareness.
• and online forum
The ministry of labour and the stakeholders should ensure that at all times.
The Consultations should be accessible.
This is by ensuring when registering persons with disabilities
provide details of any adjustments or special requirements they might need
key responsibilities:

Obviously, nominated parliamentarians with disabilities need to rise to the occasion and speak with one voice.
Its high time they realized disability is a cross cutting issue and doesn’t know the party lines.
They need to be accountable to persons with disabilities. At all cost.
The parliamentarians with disabilities need to think outside the box and develop bills targeting different aspects on disability not just targeting the reappeal of the 2003 persons with disabilities. For example, enactment of a carers act, braille and access to adaptive technology act, mental health act etc
We have evidently not seen the top law makers with disabilities drumming support for Legislation and policies underpinned by data disaggregated by disability which can make a difference by promoting meaningful
leadership, and consistently challenging harmful attitudes and practices.
.
For instance, the much hyped Huduma number and the upcoming census.
As policy expert I also orate that the disability persons organization are not playing their rightful role efficiently.
This is to say that an alternative view for better advocacy needs to be realized.
This is through continues research, surveys and serious consultations among membership.
Its true that most disability persons organizations have restricted themselves to Urban townships when consulting with out reaching out to the rural remote areas where even basic service to a Kenyan with disability are situated.
e
Conclusion

I believe that its high time the disability persons organization developed a serious advocacy framework with all organizations that care about the human rights and wellbeing of people with disability.
The human rights bodies and agencies need to be speaking up about the broader systemic issues that
need to be confronted, to ensure that people with a disability can have a good life.
going forward, it is not just the responsibility of the disability sector to make sure people with disability were included in the
community.
as Richardson a disability advocate says,
“This is about whole of community, and whole of government working through how best to include and embrace people with disability in all aspects of life,”

The views expressed here are for the author and do not represent any agency or organization. Mugambi Paul is a public policy and diversity and inclusion expert.

Twelve Crimes of being disabled in Kenya Author: Paul M. Mugambi.

Twelve Crimes of being disabled in Kenya
Author: Paul M. Mugambi.

Twelve Crimes of being disabled in Kenya
Author: Paul M. Mugambi.

1. Only in Kenya where most government documents are written “physically challenged” in reference to persons with disabilities.
2. Only in Kenya both Government and private sector demand for a driving lisence even when they know Blind and Deaf-Blind persons will never drive on the Kenyan roads. Thus, denial of employment opportunity.
3. Only in Kenya we pay for the long and dreary processes of acquiring the disabled card while the national identity card is readily available and its free.
4.
Only in Kenya where government service providers one has to explain his or her disability before service is offered or denied. I wonder if other non-disabled citizens undergo this trauma.
5. Only in Kenya where Kenya revenue Authority demands renewal of tax exemption certificates to the disabled persons as if the permanent disabled persons got a miracle. You wonder why Kenya claims to be an IT herb while the KRA system can’t just update itself.
6. Only in Kenya where the invisible disabled persons are not recognized and lots of explanation is done.
7. Only in Kenya persons with disabilities have to organize themselves to educate service providers of their roles and responsibilities in service delivery to disabled persons.
8. Only in Kenya where most government offices are either inaccessible or located in inaccessible places.
9. Only in Kenya most government websites are in accessible and do not offer alternative formats in documentation.
10. Only in Kenya where most public and private adverts are written “Persons with disabilities are encouraged to apply” but they don’t take any extra measure to ensure disabled persons are brought on board.
11. Only in Kenya where disabled persons pay for the “disabled car sticker” for packing and even the disabled packing is already occupied by the non-disabled individuals.
12. Only in Kenya where disabled artists, musicians, sportspersons beg for government or private sector sponsorship to participate in both local and international events and obligations.

The views expressed here are for the author and do not represent any agency or organization.
Paul Mugambi is a public policy and diversity and inclusion expert.

Why the disability sector in Kenya needs a urgent transformation

Persons with disabilities in Kenya account for 15 % of the population [WHO 2011].
Yet they are the most marginalized and lack the basic services from the government.
Obviously since the independence persons with disabilities have been treated as second class citizens.
This is because of the existence of economic, social and political disparities.
on the other hand, others argue Both government and the private sector have played a critical role towards development and design of disability policies.
This is evidently seen by the persons with disability act 2003, the special needs policy 2009 draft disability policy, national accessibility action plan 2015.
All these gains are towards improving lives of persons with disabilities. Therefore, we need to have a third eye lenses to ask ourselves.
Are these policies achieving their objectives? Are persons with disabilities able to effectively participate and included in all services?
The jury is out there.
As the 47 governor’s meet in Kirinyaga for their sixth annual conference in March 2019, a time has come for them to seriously interrogate how they can enhance access to services for persons with disabilities

Basic services and functions were devolved but persons with disabilities have received a raw deal.
The lack of national disability framework where the national government offers regulation to the counties and policy guidance has rendered persons with disabilities inactive and denial of services at the county levels.
This has greatly led persons with disabilities to be left behind thus not meeting the vision 2030 and the famous sustainable development goals. SDGS.

If county governments do not properly entrench disability matters in the ‘Big Four” agenda that is defining Jubilee’s development plan, as it presently looks, desired results
will not be achieved even if the national government yields to the ongoing clamour and cedes more cash to the devolved regions.

County governments are the game-changer in two of the Big Four agenda items, namely expansion of the manufacturing sector, and food security. The central
government must be applauded for the huge infrastructure projects it has initiated to connect the counties. The question is these infrastructures accessible to persons with disabilities?
With this massive project we need to have third eye lenses and ask ourselves are persons with disabilities properly being included?
For instance, in employment what percentage of persons with disabilities were involve?
In the tenders were persons with disabilities engaged?
Its high time the county governments
shed off their wasteful and autonomous and unaccountable attitude and explain their disability mainstreaming agenda.

Devolution gave persons with disabilities hope that it would bring services closer to citizens, increase job opportunities and improve governance. Far from it, if the reports
on the impact of devolution are anything to go by.

Unfortunately, persons with disabilities affairs in the counties have been identified as a main agenda but only to be pushed at the periphery and set in to other broad areas such as social services.
Furthermore, most counties have no dedicated advisors or policies on disability matters.
This is reflected by the low service delivery a lack of mechanisms to support disability mainstreaming.
According to ILO the largest minority in the world are persons with disabilities.
They highly face discrimination, stigma and institutional barriers.
Thus, many persons with disabilities cannot afford basic necessities like food, shelter, clothing, healthcare, and education.
There is also the need to increase the participation of persons with disabilities in governance at the county level. Most of the counties have not adequately engaged persons with disabilities
in designing, planning and implementing programmes. As a result, the knowledge, skills and energy that the persons with disabilities full population harbours goes underutilised.
As a public policy scholar, I opine that its high time. The disability sector in Kenya got a transformation.
This transformation would gain more tract to the citizens with disabilities.
Some of the key areas is moving from charity to human rights in service implementation.
Provide individual choices thus promotion of respect and dignity to persons with disabilities.
The disability sector should immediately stop talking to itself.
Stop board room meetings and step in the the mud.
This will ensure bottom top approach in public participation of persons with disabilities.
This is because the county governments are the service delivery points and more resources are being devolved..
To eliminate the possibility of alienating this potentially most productive group, decision-makers and other stakeholders at the national and county level must take deliberate steps to ensure the persons with disabilities are at the centre of development plans.
This is by having a national disability framework which stipulates the role of the national and county governments in service delivery for persons with disabilities.

Paul Mugambi
Is a public policy and diversity and inclusion expert.

Economics of disabilities; what we’re not told Kenyan story

July 24th 2018 the UK government, in partnership with Kenya and the International Disability Alliance (IDA), co-hosted the first ever high level global
disability summit in London. The aim of the meeting was to galvanise global efforts to address disability inclusion.
The summit brought together more than 700 delegates from governments, donors, private sector organisations, charities and organisations for persons with
disabilities. Mr Ukur Yattani, the Cabinet Secretary for Labour and Social Protection led the Kenyan team.

Globally, one out of every seven people live with some form of disability, the majority in low and middle-income countries. In these settings, disability
is both a cause and consequence of poverty because people with disabilities often face significant barriers that prevent them from participating fully
in society, including accessing health services and attaining education and employment.

According to the World Health Organisation, about six million Kenyans are persons with disabilities. The Kenya National Survey for Pwds, 2008, says nearly
80 per cent of these six million people live in rural areas where they experience social and economic disadvantages and denial of rights. Their lives are
made more difficult by the way society interprets and reacts to disability. In addition to these barriers, Kenya still lacks a policy that operationalises
laws on disability. The National Disability Policy has remained as a draft since 2006!

But let us look at disability from different frames. Have we thought about the significant contribution in the economy made by people with disability as
consumers, employers, assistive technology developers, mobility aid manufacturers and academics among others? According to Global Economics of Disability,
2016 report, the disability market is the next big consumer segment globally — with an estimated population of 1.3 billion. Disabled persons constitute
an emerging market the size of China and controlling $1 trillion in annual disposable income.

Do people working directly in these industries pay taxes? Does anyone have an idea of the revenue — direct or indirect— collected by government from disability
industries, organisations, import duty charges on assistive devices and other materials used by persons with disabilities? What of the multiplier effect
of the sector; transporters, warehouses, and PWDs themselves who are active spenders and who pay both direct and indirect taxes.

SH40 BILLION

Just look at it this way; six million Kenyans (going by WHO’s estimate) are persons with disabilities and its assumed about two million of them are wheelchair
users. The cheapest outdoor wheelchair fabricated locally is about Sh20,000, translating to a staggering Sh40 billion! Imagine the rest using crutches,
hearing aides, white canes, braille services and costs of hiring personal assistance. Undoubtly, this is a huge market.

The contribution of people with disabilities far outweighs what is allocated to them through affirmative/charity considerations.

President Mwai Kibaki signed The Persons with Disabilities Act, 2003, in what turned out to be the most unprecedented disability legal framework in Kenya.
The Act led to creation of a State agency called the National Council for Persons with Disability. During his second term in office (May 2008), Kenya ratified
the United Nation Convention on the Rights of Persons with Disability.

MEANINGFUL PARTICIPATION

One fact that most people have glossed over is the allocation given to the National Council for Persons with Disabilities, compared to the contribution
made by PWDs to the social, political and economic spheres in the country. But then, in Kenya, studies to ascertain the actual contribution of disability
as a sector have not been conducted.

We must change the narrative of disability for us not to leave out this vibrant community in development and other spheres of life. Disability must be
viewed not as a burden but as a part of diversity, like any other. Disability is not about someone’s impairment but rather about a barrier – environment
and attitudinal – in front of this person to freely and meaningfully participate in the society.
By a Guest writer
HARUN M. HASSAN

The Road Map to Canaan for the disabled Kenyans after the Global summit

Global Disability Summit’s commitments need to be reflected in governments’ national policies.
The persons with disabilities in Kenya have seen a new dawn.
This is after the Kenyan government endorsed the Charter for Change during the Global Disability Summit, a “first of its kind” event organised by the UK Department
for International Development (DFID), along with the Government of Kenya and the International Disability Alliance. This is now a clarion call to the Kenyan government to ensure
that their strong stance and work on disability in international cooperation is reflected in our own national policies.
The Global Disability Summit, which took place on the 24th July in London, gathered over 700 representatives from Disabled Persons’ Organisations, Civil
Society, Governments, and the Private Sector. It aimed to mobilise new global and national commitments on disability, especially in regard to international
cooperation and development. It was preceded by the Civil Society Forum, which provided an opportunity to highlight current issues relevant to the global
disability movement and work on the realization of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) [1]
I opine that the disabled persons in Kenya have not achieved much from the 2003 ACT, draft national disability policy 2006, national action plan 2015 concluding observations 2015 made at the UNCRPD.
Despite the policies, regulations and constitutional provisions protecting persons with disabilities, marginalization and lack of voice continue to engulf the disabled person in Kenya.

Other policy makers argue that Kenya doesn’t lack good written policies but poor execution. This is also accompanied by due to slow pace of implementation and lack of capacity.
For instance, disabled musicians, sports men and women play to the second fiddle when being supported by the government.
Another example is the inaccessible government offices.
history all over the world has showed that positive change for disabled people comes when a strong and vibrant disabled people’s movement campaigns
effectively for justice. We know from experience that such change does not come from spontaneous innovation by ministers. We need development that does
not leave any disabled people – or anyone else – behind. The global summit commitments were loud and clear that the governments and development partners need to direct their energy of empowerment and strengthening the ability of disabled civil society in Kenya
this is by holding the Kenya government to account against the pledges they have made. After all Government acknowledges disability as a phenomenon that cuts across all spheres of society and which requires support from all actors.
Furthermore, the Kenyan parliamentarians with disabilities do not have any excuse of not pushing the repealing of the 2003 persons with disability act in order to aline it with the UNCRPD, the 2010 constitution, SDG and now the global summit chatter.
It is my humble submission that with the new cabinet secretary and principle secretary the Kenyan disability movement will have a disability bridge initiative in order to realize the set commitments through a tangible action plan.
Moreover, the Cabinet secretary can appoint a 5 persons task force for a period of 4 months to lay the new way of operatializing and prioritizing the disability commitments.
This can be achieved by ensuring budgeting and aligning functions to the relevant ministries and creating enabling environment for the new development partners as well as retaining the traditional partners.
. The task force can be mandated to ensure they deliver by having the public access of information which has been reviewed, assessed and published in accessible formats and on a regular basis.
This will promote transparency and accountability of the commitments made.
In addition, the plan should reflect the will of the disabled persons where they want all government and private institution to embrace disability inclusion.
The cabinet secretary can get a pull of resourceful persons from persons with disabilities.in order to enable the direct consumers who know where the shoe pinches.
“Nothing about us without us”

the CS and the principle sectretary should join the
International Development Secretary Penny Mordaunt of the UK who stated:

“It is fantastic to see such ambitious commitments made from countries and organisations from around the world at today’s Global Disability Summit.

“But, if we are going to help people with disabilities to fulfil their true potential, today cannot just be about words – it has to be about action.

“That’s why we need to hold ourselves and our partners to account and make sure these commitments produce genuinely transformative results for people with disabilities world

Paul Mugambi is a senior public policy consultant and a social discourse commentator.