For the estimated six million Kenyans with disabilities, the reality of life is that of constant, multiple rights violations, including extreme poverty, discrimination, poor access to healthcare, exclusion from education, lack of access to justice and lack of legal capacity.
In other words, Persons with disabilities include those who have long-term
physical, mental, intellectual or sensory impairments, which in interaction with various barriers may hinder their full and effective participation in
society on an equal basis with others.
Persons with disabilities are more likely to face barriers and obstacles to the physical environment, transportation, information and communications, and
in facilities or services. The capacities and needs of all persons with disabilities should be considered and make deliberate efforts to remove physical,
communication and attitudinal barriers to their access and participation.
The Kenyan communities in which persons with disabilities live mostly ignore or take for granted these daily rights violations, and Political parties are not yet adequately addressing their fundamental rights and basic needs.
This is to say, we have not seen serious commitments being made accept the low hanging fruits like wavering of nomination fees, having a few of persons with disabilities in to the system but not yet more robust gains for the Kenyans with disabilities.
Several research studies have shown Kenyan political parties have continuously excluded persons with disabilities not just matters representation but also in their PR agreements and also noncompliance with the UNCRPD African Disability Protocol on the Rights of Persons with Disability, and the 2010 Kenyan constitution.
As a matter of fact, I take note that Disability inclusion is important in ensuring Persons with Disability can access their fundamental rights and principles through their full participation
as provided for by the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), Constitution of Kenya 2010, the Disabilities Act
2003 and other related legislations in the country.
Moreover, CRPD doesn’t create new rights for persons with disabilities but reaffirms existing ones with concrete guidance on how to honor and uphold those rights.
CRPD encourages political participation to consult people with disabilities and ensure their participation.
I observe, Often Kenyans with disabilities are unaware they have a right to participate, and communities may at first be reluctant to believe they can make contributions. This is why disability leagues have started to function and exist towards elections period and later die till next election.
On the other hand, there is still hope since some persons with disabilities and a few disability leagues have started to walk the talk.
Some of persons with disabilities have proven this my wrong like Martin Wanyonyi the Ndivisi ward representative who is poised to win the Webuye East Member of parliament, Honorable Janet Teya who wants to recapture her Kajiado women representative position, and TimothyWanyonyi Wetangula who is currently of Westland Member of parliament and aspiring governor of Nairobi.
Additionally, Timothy Aseka nominated member assembly of Kakamega has greatly influenced and implemented policies in Kakamega.
Several media reports have shown how honorable Mwaura and Sankok have literally contributed to the mainstream national politics and this should be embraced although they should remember to bring the cows back home. as disability sausage media we affirm participation helps build confidence and advocacy skills. Once aware, people with disabilities can be powerful advocates for positive change. Such participation will contribute to gains in poverty reduction, human rights achievement, and improvements in other development outcomes.
What are the disability commitments developed or made by the disability league leaders?
Is there any political party which has a comprehensive manifesto commitment on disability?
For instance:
Which political party has made financial support towards reasonable accommodation and supporting candidates with disabilities?
Which political Party has made commitments to appoint Kenyans with disabilities to positions of influence at the national and county level?
e.g., appointment in state agencies, parastatals/institutions at both levels. Which political party or disability league has Provide accessible policies and alternative communication modes during party primaries? Which disability league has ensured political party has made a specific commitment for a specific disability budget allocation and commitment to conduct a disability survey?
Are Kenyans with disabilities satisfied by the check boxing exercise done by all political parties?
As a public policy scholar, I opine that the disability league leaders must now think beyond getting the positions and guarantee meaningful participation and engagement of the larger majority of persons with disabilities.
Allot of efforts have been invested by Mzalendo watch, Westminster Foundation for Democracy (WFD), national democratic institute to build capacities of disability leagues, grooming of aspirants with disabilities and development of minimum standards.
Its high time disability league madders moved from the box to outside the box by making sure the serious commitments are being made by political parties.as disability sausage media we believe Disability league leaders must now rethink their approach to disability political influences. Disability leagues should come up with key demand for there political parties which will bring the aspirations and make dreams of persons with disabilities a reality. These demands should be made in public for easy accountability and transparency.
Disability league should borrow a leaf from Crown trust who have developed an inclusive chatter of demands to both state and non-state actors.
This is to say live no one behind and the Oliver statement “nothing about us with out us”
How can a human rights-based approach be used to address disability? What type of political inclusion support can best advance implementation of the CRPD?
Kenyan legal frameworks:
The CRPD elaborates the right to participate in political and public life in the context of disability. It specifies certain measures to be taken to ensure
that PWDs can effectively and fully participate in political and public life on an equal basis with others.
Article 29 provides the rights of PWDs participation in political and public life as follows;
(i) The right and opportunity to vote and be elected.
(ii) Stand for elections and to hold office and perform all public functions at all levels of government
(iii) Effective and full participation of persons with disabilities in political and public life on an equal basis with others, directly or through freely
chosen representatives
(iv) Participation in the activities and administration of political parties.
2) The Constitution of Kenya
Article 38 of the constitution provides for the political rights of every Kenyan as follows:
Every citizen is free to make political choices, which includes the right
(i) to form, or participate in forming a political party;
(ii) to participate in the activities of, or recruit members for, a political party; or
(iii) to campaign for a political party or cause.
Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for
(a) any elective public body or office established under this Constitution; or
(b) any office of any political party of which the citizen is a member.
Every adult citizen has the right, without unreasonable restrictions, --
(i) to be registered as a voter.
(ii) to vote by secret ballot in any election or referendum; and
(iii) to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office.
Article 7 recognizes sign language, braille and other communication accessible to PWDs as part of the official languages.
Article 27 (4) prohibits direct or indirect discrimination against any person on any ground, including disability.
Article 54 entitles a person disability to be treated with dignity and respect and to access public information, to use sign language or braille or other
means of communication and to access materials
Article 97(1) (c) requires twelve nominees to the National Assembly to be PWDs.
Article 98 (1) (d) requires two nominees to the Senate to be PWDs.
Article 177 (1) (c) specifically provides for the nomination of PWDs to County Assemblies.
The Political Parties Act, 2011
Section 7 (2) (c) of the Act requires political parties to have their governing body that reflects the representation of minorities and marginalized groups.
Political parties are required to respect the right of all persons to participate in the political process, including minorities and marginalized groups.
The Act establishes the Political Parties Fund, whose 30% should be used to promote representation in Parliament and the County Assemblies, of the special
interest groups.
The Elections Act Cap 24 of 2011
Provides that; Every political party is required to make the nomination rules and procedures accessible with specific considerations to members with disabilities.
Each Party List should also include nominees to represent PWDs and workers and any other special interests to the Parliament.
5) Persons with Disabilities Act (2003)
Provides for the rights of PWDs to get involved in the activities of political parties, to campaign and to be elected and even form their party.
Section 29 (1) states that persons with disabilities are entitled at their request, to assisted voting.
Political party amendments 2022 is silent on issues of persons with disabilities.
Our plea to political parties:
:
Experience shows that the most substantial gains are made when political parties change the way disability is internally defined and understood, when they commit to approaching disability from a human rights-based perspective rather than an impairment-based one, and when the empowerment and support of disability leagues is central to their strategy. Ultimately, all political parties’ policies and programs should reflect the principles of the CRPD: inherent dignity, non-discrimination, effective inclusion, respect for differences, equal opportunity, accessibility, gender equality and respect for the evolving capacities of children with disabilities.
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The views expressed here are for the author and do not represent any agency or organization.
Mugambi Paul is a public policy, diversity, inclusion and sustainability expert.
Australian Chief Minister Award winner
“Excellence of making inclusion happen”
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