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.
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:
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,
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
• 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
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.
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
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.