2 disability experts paints a grim picture on the BBI report “why the disabled Kenyans always fall into cracks” Authors: DR Siyat Abdi and Mugambi Paul.

According to the World Bank, WHO and the United Nations One billion people, or 15% o

f the world’s population, experience some form of disability.
Persons with disabilities, on average as a group, are more likely to experience adverse socioeconomic outcomes than persons without disabilities. Such as less education, poorer health outcomes, lower levels of employment, and higher poverty rates.

Barriers to full social and economic inclusion of Kenyans with disabilities include inaccessible communication, navigating the physical environments, inaccessible transportation, the unavailability of assistive devices and technologies, non-adapted means of communication, gaps in service delivery, utter unemployment inequality and generally discriminatory prejudice and stigma in Kenyan society.

From our professional lenses and in-depth analysis, we observe that the voice of this largest minority was never hard on the BBI 156-page report.
Notwithstanding, understanding the influence of different stakeholders in public policy making is very Critical “Carolyne 2016].
Although the BBI Taskforce had lots of public network in executing some of the insisted public approaches [Carolyne 2017], the task force did a total disservice and provided just a window dressing of Kenyans with disabilities.

In our collective opinion, the first omission and a major setback was the lack of representation of persons with disability in the BBI task force for persons living with disabilities.
This affirms the incessant notion of the government of Kenya of not ensuring article 54 of the 2010 Kenyan Constitution is realized.
Our expectations were high, and therefore, we expected the Taskforce would provide a clear direction on accessible representation that responds to the needs of persons with disability.

Secondly, on behalf of all Kenyans with disabilities who are the largest minority, we affirm the term “Disability” appeared 9 times in the BBI Report.
This was not in reference to any commitments to the 9-point agenda in their Terms of Reference but giving basic information of the experiential circumstances people with disability find themselves in Kenya.
In other words, the task force deliberated on the historical background on issues regarding persons living with disabilities without offering any commitment on how the nation will address the historical and traditional social injustices encountered by person with disabilities in Kenya.
Instead, the Taskforce echoed the common cliché we are used to by outlining traditional principles which clinically failed to work in the past.
No doubt, the BBI task force affirms what Paul Mugambi said in one of his articles, emphasising why the disability movement in Kenya must change tact once and for all!
http://www.mugambipaul.com/2019/11/17/why-the-disability-movement-in-kenya-should-stop-crying-faw/.
Increasing inclusivity on a political, economic, social, religious, cultural, youth, and gender basis is not Inclusivity devoid of disability.
How long are we going to continue being marginalised both in the national government and in the Counties?

It is worth noting the reflective theoretical commitment of Kenya to the 2030 Agenda for Sustainable Development goals.
It affirms clearly that disability cannot be a reason or criteria for lack of access to development programming and the realization of human rights.
Additionally, the SDGS framework have already been integrated in both short- and long-term Kenyan plan strategies, but limited wheels of implementations are in actions.
Its significant, to pronounce that the SDG framework has seven targets, which explicitly refer to persons with disabilities, and six further targets on persons in vulnerable situations, which again include persons with disabilities.
The SDGs address essential development domains such as education, employment and decent work, social protection, resilience to and mitigation of disasters, sanitation, transport, and non-discrimination – all of which are important obligations for the Kenyan government.

Unfortunately, the BBI task force team clearly seem to have been communicating to persons with disabilities in the charity model.
This is to mean the expressions reference to persons living with disabilities seem to be a separate group from Kenyans and this shows that there was exclusion in addressing persons with disabilities in the BBI report.
Thirdly, the term inclusion appeared 24 times.
The only relevant was the 22nd mention.
The cruel irony is that Article 174(e) of the Constitution provides that one of the objectives of devolution in Kenya is ‘to protect and promote the interests and rights of minorities and underserved or discriminated-against communities.’
It is for this reason that the Taskforce strongly feels that measures leading to greater inclusion, equality, equity, and basic fairness at the National level should be mirrored in the Counties, both in law, policy and administration.”
Do you think people with disability will enjoy this commitment?

Fourthly, the term Physical access has been mentioned twice and the 2nd one is relevant to persons with disabilities.
Increase physical access for people with disabilities into buildings, particularly public ones, and transport.
This shows the limitation of the BBI report since it’s not just enough to talk of physical access of built environment and transport only.
Kenyans living with disabilities still need more in area of universal and accessible housing, employment opportunity, and access to building (public and social facilities), communication and access to adaptive technology among many other disability services.
Fifthly, the term “has access” has been mentioned 42 times in the report.
The only relevant area is the 2nd mention. “
The aim should be for all Kenyans to have to cover the same distances to access public services.”
The access to information seems to be one of the major recommendations for the BBI task force but they avoided to demand for alternative accessible formats which could have ensured those with vision loss (blind), those with cognitive disability and other print disabled access information.
The BBI task force would have well utilized the Marrakesh treaty as a benchmark on access to information with excellent literature support from the United Nation Convention for the Rights of Persons with Disability (UNCRPD).

The BBI report missed opportunities to present across several mechanisms on enhancement of rights of people with disability in Kenya:
For instance, we anticipated that they would have an opportunity to present a structured Social protection systems that would be barrier-free and inclusive, and in a manner which ensures that everyone has equal opportunities to access social protection schemes, which may require special measures for particular categories of the population who may face additional barriers, such as persons with disability and the elderly Kenyans.
They missed to articulate the structure and design implementation of social protection, taking into account Human rights principles and standards at every stage of the schemes in the context of the level of marginalisation experiences of persons with disability both in the national government and in the Counties.
We welcome the Taskforce proposal to change the County Executive, including, but not limited to, the running mate of every candidate for the position of Governor.
While it is commendable to suggest consideration of the opposite gender, window of opportunity should have been given for any governor to decide their running mate, and if possible opportunity to make informed decision to pick a person with a disability as a Deputy Governor.
Another missed opportunity was to empower the National council for People with Disability NCPWD to be elevated a disability commission instead of a semiautonomous body incapable of servicing people with disability.
This could be either through a referendum or by legislation which could have subsequently ensured that the disability commission is well resourced and has the capacity to provide appropriate disability services based on social model and ensure the realization of disability rights.

On a positive note, the beauty of the BBI report is the importance of public participation and engagements. We hope people with disability will be fully engaged in decisions that matter to them.

In conclusion, the BBI report seem to have nailed the coffin for persons with disabilities by claiming that people with disabilities in Kenya are bunch of winchers, always complaining of injustices.
It seems the task force doesn’t understand that people with disabilities in Kenya are tired of the prolonged injustices experienced.
Yes, we must complain and continuously complain because we don’t expect civil and political elections of representatives in Party primaries and nominations to be fair; free and transparent elections in the context of persons with disability.
We must raise our voice because we are severely marginalised both in the national government and in the Counties in terms of employment and social services.
We cannot be satisfied with the BBI solution of just using reputable private recruitment companies to help, but to put in place recruitment legislations that give Kenyan people with disability opportunity to exercise their skills and talents to maintain their livelihood.
What the Kenyan people with disabilities need is real tangible implementation of legal and policy frameworks and ensuring persons living with disabilities actually access all government and private services just like any other Kenyan.

The views expressed here are for the authors and do not represent any agency or organization.

DR Siyat Abdi
Is a independent disability consultant.
Mugambi Paul is a
Public policy diversity and inclusion expert.

Public participation event

address to the public on importance of engaging disabled persons

“Open letter to the Newly NCPWD chair” Mugambi Paul

“Open letter to the NCPWD chair”
Mugambi Paul

This letter is sent to our newly Chair of the NCpwd:
Dear sir,
Kenyan persons with disabilities
want the same opportunities as everyone else in the community – somewhere to work, somewhere to live, somewhere to enjoy the company
of family and friends, the chance to follow their passions and interests. We want NCPWD that makes these things possible – not stands in their way.

Using the ideas that have been collected for the last 15 years.
I have come up with the three C’s: three useful targets to help get the NCPWD
back on track. 1. Control

Kenyan persons with disabilities must be in the driver’s seat. It is their experience and their views that must determine priorities and drive change. Choice and
control must not be undermined or restricted by poor policies and processes.
For instance, it should no longer be business as usual for the Blind and vision impaired persons to receive brailed version of vision 2030 after a decade when it was out.

No disabled representative is at the building bridge initiative! Persons with disabilities must be empowered by their experience in the NCPWD, not further disempowered
and marginalised. And above all we want good outcomes for everyone –not just those who are educated, or well-resourced or who have an advocate.

So how do we make this happen?
list of 5 items
• Quicker, simpler and easier processes. Simple and plain communication that is easy to understand, more so for persons with developmental disabilities and Deafblind etc

• More help for people, families and carers at every stage of the process including application for assistance, peer support and advocacy

• Fully functioning and fit for purpose IT system that works for both consumers and producers of disability services at the county and national levels.
participants and providers

• Focused and resourced attention on groups who need more support – such as those with complex needs, severe disabled persons, Blind and those who have never been hard.

• More staff to clear backlogs. And competent well-trained staff with the right experience and expertise
Additionally, a 51 per cent disability employment target across all levels of the NCPWD including senior leadership. Currently
just 25 per cent of the NCPWD workforce have a disability.
Furthermore, on the public service I believe more needs to be done to stop the disability community
being shut out of public sector jobs
.
The 5 % has the target did not go far enough, given the consistent decline of employees with disability
in the sector.
According to public service survey 2015 Kenya has not yet achieved even 1 % target of employment opportunities to persons with disabilities.
I opine that targets needed to be supported by a comprehensive strategy to address the “unacceptably low” employment rates of people with disability
across the APS and in mainstream employment more generally.
A Kenyan National Jobs Plan to fix systemic problems that people with disability face finding and keeping a job.

This plan would include measures to strengthen the transition of young people with disability from school into tertiary education and mainstream jobs,
and would integrate with the social security system to support people with episodic disability moving in and out of employment.
Moreover, a whole-of-government and whole-of-community approach is needed to enable employers to create meaningful, flexible and inclusive employment, make workplaces
more accessible, remove discrimination and build positive employer and community attitudes.

2. Certainty

Persons with disabilities, their families and carers want to know the NCPWD will be there for them when they need it. Those who have made applications want to know
services will be there when and how they need them. And for those who do not have an assistances, other programs and services must continue. No one should be left
without support because Kenyan government can’t get it together.
Instructively, Kenya has been on top from the global disability forums that no one should be left behind.
So how do we make this happen?
list of 5 items
• Full funding should be enshrined in the upcoming national and county budgets and persons with disabilities 2019 bill

• Active support and intervention to make sure people have a diverse range of quality services to choose from. Intervene early to prevent failure and lock
in crisis support so no-one falls through the cracks

• Independently let NCPWD become policy formulator and a facilitator instead of an implementor.
For instance, immediate action on the way NCPWD works with other systems like health, justice and transport. All levels of government must sit down and work out how to synchronize services instead of making disabled persons to suffer.

• Greater develop and resource of the Information, Linkages and Capacity Building program. This will ensure NCPWD funds the disability persons organization to further efforts of advocacy instead of fighting each other.

• New timeframes for entry into the NCPWD, plant and equipment approvals and plan reviews;

• More help for people to navigate the NCPWD and get their assistance plans into action including more support for advocacy; and

• Targeted outreach for people who require additional support such as children, people who are Blind, psychosocial support and or Culturally or
Diverse backgrounds.
list end
but also initiate or restoration of other programs and services
that support people with disability, their families and carers
list end this should be reflected in the county and national levels.

3. Community

The NCPWD was never intended to work in isolation. The gap in life outcomes between those with a disability and those without will never close without action
in all areas of life – employment, health, education and transport are all areas that need immediate action.

So how do we make this happen?
list of 3 items
• Greater attention and resourcing to the Kenyan National Disability Strategy

• Immediate action on employment, education, housing, transport and health. Targets must be set – and met.
More so the big four agenda.

• An immediate timeline for a board of trusty’s actions in issuance of
funding

I observe that All across the country persons with disabilities
, their families and carers and people who work in the sector have been holding formal and informal forums in the social media, mainstream media and public forums. events and coming together to demand
urgent change.
Obviously, many policy makers know what’s need to be fixed but they aren’t doing so.
As the chair you need to listen to us. After all, people with disability and their families know what is and what is not working when it comes to the NCPWD –
and we know how best to fix it.
Scholars and researchers have recommended
The disability persons organizations should join together with a government and work collaboratively so we can get the ncpwd working well for everyone who needs it.
This is very true in many countries.
NCPW is a body mandated to promote and protect equalization of opportunities and realization of human rights for disabled persons in Kenya to live dignified live.
as a public policy scholar, I affirm that and There is no question that when the NCPWD works it absolutely changes lives. We see its life-changing power every day. But, for too many people, the NCPWD
is not working well. It is too complex and too bureaucratic – and as a result some people are falling through the cracks while others are missing out altogether,
we know of some truly heartbreaking stories of people who are really being let down by the NCPWD. There are people with disability waiting two years
for a wheelchair, there are persons with disabilities waiting for the disability card for 7 months, there are blind persons awaiting a braille display but told to have a white cane etc
There are families pushed to breaking point without essential support for their child. There are people hospitalised as a direct result
of the stress of trying to work their way through a bureaucratic nightmare.

“Situations such as these cannot be allowed to continue. That is why, today I have written this letter. calling on the new chair to
listen to persons with disability and commit to getting the NCPWD working the way it should – the way it is mandated in respect to the UNCRPD, SDG and the Kenyan constitution.

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.