AS we promised this month to continue looking at other countries disability administration and efforts made in domesticating the United Nation Convention on the rights of persons with disabilities (UNCRPD) this week we are looking at the Government of the Republic of Kenya.
We all know that Kenya recently adopted a new republican constitution after years of debates and the committee was appointed specifically to look at rights of the disabled and how the new constitution should address the plight of the disabled in Kenya.
This Committee on the Convention on the Rights of Persons with Disability was appointed in conformity with Article 35 Paragraph 1 of the United Nations Convention on the Rights of Persons with Disability its initial State Party report.
The report was prepared with reference to the Committee’s guidelines on the form and content of reports to be submitted by State Parties and Kenya was further honoured that one of its experts was a member of the Committee on the Rights of Persons with Disabilities and the good thing about Kenya is that it was one of the first States to ratify the Convention.
Kenya signed and ratified the Convention in March 2007 and May 2008 respectively.
The report provided an overview of the major progress Kenya has made in respect to improving the situation of persons with disabilities and the Constitutional, legislative, judicial, administrative and other measures that the Government has taken to comply with the UNCRPD.
While recognising the challenges and difficulties that face Kenya, the report also highlights the difficulties and the shortfalls observed in giving effect to the provisions of the Convention and the strategies currently in place or underway to address any existing gaps.
According to the Kenya National Population Census, 2009, the overall disability rate in Kenya is 3.5 per cent  which translates to 1.330,312 million persons with Disabilities. Of this, the largest proportion is physical impairment (413,698) followed by visual impairment (331,594). Others are shown in the table inserted.
The socio-economic situation of persons with disabilities in Kenya, the widespread economic hardship being experienced in the country does not augur well for persons with disabilities.
Most persons with disabilities depend on their families for social, financial, material and psychological support.
Therefore, under the current situation persons with disabilities are more likely to have less access to resources than other members of the family.
It’s important to note that under the new constitutional disability issues are among   Government legislative authorities and the Parliament of Kenya is vested with the power to enact legislation. In the field of human rights, Parliament has established the following institutions:
•National Council for Persons with Disabilities (NCPWD)
•Kenya National Human Rights and Equality Commission (KNHREC)
•The Kenya National Commission on Gender and Development
•The Kenya Anti-Corruption Commission (KACC)
•National Council for Children Services (NCCS)
•The Kenya Law Reform Commission (KLRC)
•The National Legal Education and Awareness Programme (NALEAP)
•The National Cohesion and Integration Commission (NCIC)
•The Office of the Ombudsman
Disability has been defined both in the Constitution of Kenya of 2010 and the Persons with disability Act of 2003 respectively.
The definition of disability in the Constitution of Kenya of 2010 has been given a similar meaning as that which it has been assigned under the UNCRPD which is that disability includes “…any physical, sensory, mental, psychological or other impairment, condition or illness that has, or is perceived by significant sectors of the community to have, a substantial or long term effect on an individual’s ability to carry out ordinary day-to-day activities” Suffice it to say, the Persons with disability Act of 2003 predated the UNCRPD.
Under the Persons With Disability Act of 2003, “disability” means “physical, sensory, mental or other impairments, including any visual, hearing, learning or physical incapability, which impacts adversely on social, economic or environmental participation.”
Under the National Disability Policy, the Government recognises the fact that different disabilities require specific approaches to meet their information and communication needs and thereby through the hopes to create an environment that enables stakeholders in the information and communication industry function effectively and efficiently and makes a policy statement that the Government shall seek to improve access to information or communication by persons with disabilities.
The Persons With Disability Act of 2003 therefore further seeks to promote the use of communication and language for persons with disabilities in education institutions, Television programmes, traffic facilities, newspapers and print media, telephone services and facilities in public buildings.
The Government recognises that the discrimination against persons with disabilities is entrenched in stereotypes prevailing in Kenyan society that portray persons with disabilities as burdens and curses.
This has often led to instances where individuals or families that have persons with disabilities have shied away from revealing such persons.
Some of the measures that the Government of Kenya has taken to modify or abolish existing laws that discriminate against persons with disabilities include, the express prohibition of discrimination on the basis of disabilities which  has been expressly prohibited under the Constitution of Kenya of 2010 under Article 27(4), which provides that “the State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth”.
The concept of reasonable accommodation for persons with disabilities is recognised under Article 54 of the Constitution of Kenya of 2010 which provides that a person with any disability is entitled to among other things, to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person, to reasonable access to all places, public transport and information; to use Sign language, Braille or other appropriate means of communication; and to access materials and devices to overcome constraints arising from the person’s disability.
Reasonable accommodation is also addressed under the Persons with Disabilities Act of 2003 under Section 15(5) which provides that an employer shall provide such facilities and effect such modifications, whether physical, administrative or otherwise, in the workplace as may reasonably be required to accommodate persons with disabilities.
Section 16 (2) provides incentives to a private employer who improves or modifies his physical facilities or avails special services in order to provide reasonable accommodation for employees with disabilities.
The Persons with Disabilities (Access to Employment, Services and Facilities) Regulations, 2009, further provides incentives for a person(s) who sells materials, articles and equipment designed for use by persons with disabilities and provides that the same shall be eligible to apply for such tax reliefs as may be determined by the council and approved by the Minister.
In order to ensure that the rights of persons with disabilities are safeguarded countries in Africa must include disabilities in the principle law and not in the Act of parliaments and align such to national disability policy for effective disability administration.
Until next week stay blessed and thinks about the plight of persons with disabilities as you go to Church.
For your letters please send to us on P.O. BOX 34490 Lusaka, Zambia or use our South African Address.  The author is Regional Disability policy Analyst for SADC and Inclusive Development Advisor for Africa, Centre for Disability Development Research, Law and Policy, Johannesburg.  Project Office, P.O. BOX 1981 New Castle, 2940 South Africa
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