Kenya National Commission on Human Rights
Press Statement: For Immediate Release
Nairobi, Tuesday, 3rd December, 2024
Commemoration of the 2024 International Day of Persons with Disabilities
Theme: “Amplifying the Leadership of Persons with Disabilities for an Inclusive and Sustainable Future"
The Kenya National Commission on Human Rights (KNCHR) joins the World in commemorating the 2024 International Day of Persons with Disabilities. As a country, the Constitution of Kenya is the greatest beacon of disability-inclusive legislations that has paved way for the gains persons with disabilities enjoy today.
To begin with, there has been increased awareness and agitation for the rights of persons with disabilities by not only persons with disabilities, but also by other stakeholders including members of the public.
The journey to fostering a human rights compliant society that respects the rights of persons with disabilities begins with the laws facilitated by the National assembly. Notably, the Commission lauds the Parliament and the Executive for various amendments in the penal code that contained derogatory words against persons with disabilities.
The Education system in Kenya has been undergoing a radical shift in the recent years where more effort and resources need to be put to bridge the gap for Learners with disability. We applaud the Senate for passing the Learners with Disabilities Bill, 2023, Persons with Disabilities Bill, 2023 and Kenya Sign Language Bill, 2023 all of which are at the National Assembly for consideration.
The National Assembly also passed the Mental Health (Amendment) Act, 2022 which paves way for appropriate health care for persons with mental health conditions. We implore our legislators to hasten necessary actions that will ensure the noble thoughts within those bills facilitate the enjoyment of human rights by the wider community.
However, all policy efforts are as good as if they are put into practice. In the 2022/2023 Status Report on Disability Inclusion in the country, the National Council for Persons with Disabilities, revealed that only 4% of public institutions have met the legally mandated 5% reservation of employment for persons with disabilities. We are still falling behind in ensuring mainstreaming and inclusion of persons with disabilities as envisaged under Article 54.
The Commission also undertakes periodic research on pertinent issues impacting on persons with disabilities. In the recent years, we have paid keen attention to persons with albinism where we carried out a study that focused on persons with albinism and noted that there is no legislation in our country that explicitly mentions this category of disability.
The National Action Plan on Albinism is still in limbo due to lack of proper guiding principles which are important for monitoring and holding persons/institutions to account. Funding for mental health care still remains inadequate leading to a shortage of mental health professionals and limited access to the few available mental health facilities. The inadequate financial investment not only limits the availability of treatment but also perpetuates stigma and discrimination.
Recommendations
- The Government expedites putting in place necessary measures to ensure accessible communication for persons with disabilities as espoused by the Constitution, the Persons with Disabilities Act, 2003, and the Convention on the Rights of Persons with Disabilities. These include Sign language interpretation, braille, and assistive technology for people with hearing, visual, and speech impairments are not consistently available in public services, education, health facilities, and the media. The absence of these items continues to limit the ability of persons with disabilities to access vital information.
- Parliament to fast-track the enactment of the Persons with Disabilities Bill, 2023 into law so as to align the country’s disability legislation with the Constitution and the Convention on the Rights of Persons with Disabilities (CRPD).
- The Government to adequately address the intersectional discrimination of women and girls with disabilities. Article 27 of the Constitution of Kenya recognizes discrimination on the basis of gender and disability. Access to justice especially in cases of sexual and gender-based violence against women and girls with disabilities are rarely reported and/or prosecuted due to formal and informal laws on guardianship.
- The National Action Plan (NAP) on Albinism still remains in abatement. The fact that Albinism in Kenya has several programmes but no law or policy guiding these programmes, makes it difficult to hold institutions to account or monitor the impact of the programs. The NAP on Albinism needs to be adopted immediately.
The Kenya National Commission on Human Rights (KNCHR) is an Independent National Human Rights Institution (NHRI) established under Article 59 of the Constitution of Kenya, 2010 and the KNCHR Act, 2011. The Commission’s mandate is the promotion and protection of human rights in Kenya.
Dr. Bernard Mogesa PhD, CPM
Commission Secretary/ CEO,
Kenya National Commission on Human Rights (KNCHR).