The following Memorandum has been authored by experts based on best practises in the globe. We shall demonstrate how to advance the rights of persons with disabilities based on human rights model.
This Memorandum Its also informed by the lived experiences and collection of views from persons with disabilities.
We therefore seek to offer our technical expertise.
Paul Mugambi is a public policy diversity Inclusion and sustainability expert while
DR Siyat is an independent disability consultant.
To the Joint Secretaries,
Ambassador Martin Kimani, Mr. Paul Mwangi,
National Steering Committee on Implementation of BBI Taskforce,
12th Floor, Kenyatta International Conference Centre.
RE: RESPONSE TO THE PUBLIC participation in matters of public interest.
We believe the BBI final report will reflect the views of persons with disabilities.
Through most of the affirmative solutions suggested Kenyans with disabilities will feel more included than the current situation where Kenyans with disabilities are yet to enjoy the fruits of being Kenyan.
We believe we are enriching the 9-point agendas.
- The current National Council for Persons with Disabilities whose mandate is to implement on rights, privileges, and protection is limited and we request for the establishment of a robust national disability service commission “NDSC” with the following mandate:
- Inquiries on disability discrimination and rights violation among persons with disabilities.
- Regulate and offer policy direction on matters disabilities.
- Monitor and evaluate disability services.
- Fund Disability Service Organisations and organizations of disabled persons to deliver disability services and products.
- Establish a National Disability Advocacy Program under the CS Social Protection/CS Disability portfolio and fund advocacy targeted disability advocacy service organisations that have proper operational governance in the advocacy and linkage programmed “ALP.
- Formulate policies on national disability service standards and national advocacy standards that provides guide to disability service organisations and disability advocacy organisations to audit their KPIs.
- The Government printers should have a unit assigned to produce information in alternative formats electronic braille, hard braille, audio, sign language and easy to read format as envisaged in the UNCRPD and constitution.
- All government public forms and information available online to be accessible to people with any disability.
- Provide text-to-speech functionality to read a site’s content aloud and encourage the use of Assistive technology (AT) products developed with the intention of meeting the needs of people with disabilities.
- Put in place guidelines to remove common barriers to web accessibility so as not to exclude people with any disability because the internet is used in government, health care, education, finance and other essential areas equally impacting on the lives of persons with disability.
- The National government, the County Governments, public and private organizations to offer equal access and equal opportunity to people with disabilities, giving them the ability to actively participate in society.
- Establishment of braille authority which will regulate reading and writing of braille language certify braille instructors.
- At list 4 % of the national budget should be dedicated to the Kenya National Disability Service Commission.
- All county governments should have at list 3 % of their budget dedicated to disability services.
- All Counties should appoint CS with portfolio on disability.
- The national employment authority should establish a disability employment services department with the following mandate:
- To be in charge of disability employment services of persons with disability to offer technical and vocational training to persons with disability to gain meaningful employment in both formal and informal sectors.
- The disability employment service should research and recommend both public and private sectors who have met 10 % minimum employment for tax waver to the Kenya revenue authority.
- Establish a real time database for persons with disabilities who are employed and none employed where employers can easily access and as envisaged in the national employment authority as they do for the youth.
- Tax exemption should be provided to start-ups by persons with disabilities as a mechanism and strategy of enhancing their capacity for income generation just like the youth.
- Corruption is rampant and constitutes an existential threat to Kenya and her peoples.
Unfortunately, this does not exclude the disability sector.
In this regard it is undermining prosperity. That it is a bad example to the persons with disabilities. Corruption impacts disproportionally on Persons with disabilities. It diverts resources which would otherwise be used to enrich the wellbeing of Persons with disabilities in the social, political and economic development spheres.
- The National anticorruption enforcing agency to establish an inquiry and investigate on disability related corruption and other malpractices with ultimate purpose to bring individuals and organisations that have fleeced or acquired wealth with disguise supporting persons with disabilities.
- The assets authority should assist to recover the proceeds of disability corruption and this money recovered can be directed to the social protection programmes.
- Persons with disabilities should be given a chance to elect their own in parliament, member assembly with a clear legislative on the process.
- The 5 % progressive representation in both nominated and appointing authority should be increased to 10 % since even the population of the largest minority has highly increased. Some areas to have mandatory representation. at least one member of the national cabinet and County Executive Committees. At least one principle secretary at the national government, at least one chief county officer at the county level one commissioner in all commissions established in the country.
- The national construction authority should be mandated to actualize accessibility standards before authorizing new constructions of both public and private buildings and this should be replicated at all Counties.
- All disability peer support groups -The Kenya society for the blind, The Kenya Deaf Association, the Kenya Physical Disability Association etc. should receive direct support for the exchequer in order to ensure smooth running of their rehabilitation and peer support network.
- The Kenya National Bureau of statistics is mandated to conduct the National Census.
However, in the National Census exercise, the prevalence of persons with disability is not well captured by the Kenya Bureau of statistics on the state of affairs of persons with disabilities.
The National Census should include specific questions asking respondents whether they have difficulty functioning in their environment or experience activity limitations in the domains of communications, mobility, self-care or psychosocial disability.
This should be replicated in all government assessments/survey tools.
- The Kenya National commission on Human Rights should have a specific delegated disability discrimination commissioner as conferred in Article 27 (4) who shall operate under disability rights-based legislations to protect and promote the well-being of people with disability, including the rights to access social services, the right for training and employment and being free from discrimination based on their disability as outlined in articles 7, 21, 43 and 54 of the Kenyan constitution (2010).
- Many Kenyans care for someone with disability, an individual or child with medical condition, mental illness or someone who is frail due to age.
Households caring for persons with disabilities are faced with huge costs due to their care duties.
Subsequently, many Caregivers (parents/guardians/carers) are unable to fully engage in income-generating activities because of caring for someone with severe or Profound Disability.
We recommend that the National Government helps carers remain engaged in the community, participate in the workforce and stay healthy while continuing their caring role through the provision of funding to subsidize their efforts and contributions through the social protection net or provide other range of supports to help them manage their daily challenges, reduce stress and plan for their future.
- Creation of national public authority which will be in charge of public housing based at the ministry of housing transport and urban development.
- At least 20% of the housing should be allocated to persons with disabilities
- At least the 20% of housing should have the universal design meeting the international accessibility standards.