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Article 27
- Championing
- Established
- Initiating
- Weak to restrictive
- Insufficient data to assess
Established
The government has made changes in laws and policies to align with the CRPD but may not have translated policy to start changing systems and services to implement CRPD Articles 27 & 28 in practice.Kenya Disaggregated Results
Assessing your country's legislation on work and employment
Rationale for rating
Assigned DPO: EDAN (Ecumenical Disability Advocates Network)
1.Establish the right to work and employment on an equal basis with others. The right to work and employment on an equal basis with others for persons with disabilities thou not explicitly stated in the constitution it is well established in the Persons with Disabilities Act 2003(Revised in 2012)
2.Include anti-discrimination provisions to prohibit discrimination on the basis of disability
Anti-discrimination provisions to prohibit discrimination on the basis of disability well established in the constitution of 2010, Employment Act 2007 (Revised Edition 2012), Persons with disabilities Act 2003 (Revised in 2012)
3. Include provisions for reasonable accommodation
The Constitution of Kenya 2010, National Occupational Safety and Health Policy 2012 and Persons with disabilities Act 2003 (Revised in 2012) have included provisions for reasonable accommodation
Data
1.Constitution of Kenya, 2010
Part 3 – Specific Application of Rights
54. Persons with disabilities
(2) The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.
-Persons with disabilities Act 2003
Part iii – Rights and the Privileges of Persons with Disabilities
12. Employment
(1) No person shall deny a person with a disability access to opportunities for suitable employment.
2. Constitution of Kenya, 2010
Part 2 – Rights and Fundamental Freedoms
27. Equality and freedom from discrimination
(4) 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.
-Employment Act 2007 (Revised Edition 2012)
Part Ii – General Principles
5. Discrimination in employment
3) No employer shall discriminate directly or indirectly, against an employee or prospective employee or harass an employee or prospective employee— (a) on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status;
-Persons with disabilities Act 2003 (Revised in 2012)
15. Discrimination by employers prohibited
(1) Subject to subsection (2), no employer shall discriminate against a person with a disability in relation to—
(a) the advertisement of employment;
(b) the recruitment for employment;
3. Constitution of Kenya, 2010
54. Persons with disabilities
(1) A person with any disability is entitled—
(c) to reasonable access to all places, public transport and information;
(d) to use Sign language, Braille or other appropriate means of communication; and
(e) to access materials and devices to overcome constraints arising from the person’s disability.
-Persons with disabilities Act 2003 (Revised in 2012)
Discrimination by employers prohibited
(5) 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
-National Occupational Safety and Health Policy 2012
3.13.3 People with disabilities and other special needs Policy issue Workers with special needs including persons with disabilities and other special needs have not been given adequate and convenient facilities at workplaces.
Policy Statement: The Government in collaboration with stakeholders will develop and implement appropriate regulations and guidelines for provision of facilities for persons with disabilities and other special needs at workplaces
Source of Data
-Kenya: The Constitution of Kenya [Kenya], 27 August 2010, available at: http://kenyalaw.org/kl/index.php?id=398
-Persons with disabilities Act 2003 available at: Kenya Law, http://www.kenyalaw.org/, Kenya PDF of Revised Edition 2012
-Kenya: The Constitution of Kenya [Kenya], 27 August 2010, available at: http://kenyalaw.org/kl/index.php?id=398
-Persons with disabilities Act 2003 available at: Kenya Law, http://www.kenyalaw.org/, Kenya PDF of Revised Edition 2012
-Employment Act 2007: https://labour.go.ke/wp-content/uploads/2019/10/EmploymentAct_Cap226-No11of2007_01.pdf.
Kenya: The Constitution of Kenya [Kenya], 27 August 2010, available at: http://kenyalaw.org/kl/index.php?id=398
-Persons with disabilities Act 2003 available at: Kenya Law, http://www.kenyalaw.org/, Kenya PDF of Revised Edition 2012
-National Occupational Safety and Health Policy 2012: https://labour.go.ke/wp-content/uploads/2019/02/National-OSH-Policy.pdf
Assessing your country's laws and policies on work and employment
Rationale for rating
Assigned DPO: TINADA Youth Organisation
The Constitution of Kenya has provisions for the rights of persons with disabilities to access work and employment and lays a strong foundation for non-discrimination on the grounds of disability. Kenya’s long-term development blueprint: Vision 2030 aims to transform Kenya into an industrialized middle-income country, offering a high quality of life to all its citizens in a clean and secure environment.
The Vision for PWDs as outlines in the blueprint is equity in power and resource distribution. There is a Plan of Action on Implementation of the Recommendations made by the Committee on the Rights of Persons with Disabilities to the Republic of Kenya prepared by the Government in partnership with disabled peoples’ organizations.
The plan uses recommendations made to Kenya by the Committee to establish objectives, activities and indicators/outputs. It also identifies key State as well as non-state actors who must play central roles for the full realization of the Committee’s recommendations, as well as setting the timelines within which activities should be realized.
The Plan of Action also includes a strategy for monitoring implementation of the Committee’s recommendations derived from international good practice.
The government has taken plans and initiatives that include development of relevant laws, policies, strategic plans and reports that include:
1. Persons with Disabilities Act (2003)
2. National Plan of Action on implementation of recommendations made by the Committee on the Rights of Persons with Disabilities in relation to the initial report of the Republic of Kenya, September 2015-June 2022.
3. National Policy for Persons with Disability
4. Diversity Policy for the public service (2016)
5. Employment Act (2007)
6. The National Employment Authority Act (2016)
7. Human Resource Policies and Procedures Manual for the Public Service (2016)
8. The National Gender and Equality Commission Act (2011)
9. Status Report on Implementation of The Rights of Persons with Disabilities in Kenya From Norm to Practice. Kenya National Commission on Human Rights (2014).
10. NGEC Strategic Plan 2019-2024
11. The Public Service Values and Principles Act (2015)
12. Status of the Public Service Compliance with the Values and Principles in Articles 10 and 232 of the Constitution
According to the report on the Status of the Public Service Compliance with the Values and Principles in Articles 10 and 232 of the Constitution for the Year 2018/2019. The number of PWDs in the public service was still low at 1.2% against the constitutional threshold of a minimum of 5%. Out of the 281 institutions evaluated only six institutions had met the constitutional threshold of 5%. The total number of officers in the assessed institutions was 216,958 out of which 2,567 are persons with disability. The percentage representation for the 2,567 persons is 1.2%. Therefore, the representation gap against the 5% requirement is 3.82%.
References
i. Report on Status of the Public Service Compliance with the Values and Principles in Articles 10 and 232 of the Constitution for the Year 2018/2019
https://www.publicservice.go.ke/index.php/publications/reports?download=72:status-of-the-public-service-compliance-with-the-values-and-principles-in-articles-10-and-232-of-the-constitution-for-the-year-2018-2019
Data
The Constitution of Kenya, 2010 provides practical provisions for the rights of persons with Disabilities and lays a strong foundation for non-discrimination on the grounds of disability, and denial of reasonable accommodation constitutes discrimination on the basis of disability.
Further, article 54 (2) Constitution of Kenya, 2010 promotes the employment of persons with disabilities. The Constitution of Kenya states that at least 5% of the members of the public in elective and appointive bodies are persons with disabilities.
The National Plan of Action on Implementation of the Recommendations Made by the Committee on the Rights of Persons with Disabilities to the Republic of Kenya is prepared by the Government in partnership with disabled peoples’ organizations (DPOs). The Plan of Action identifies and affirms the objectives and milestones which the State must realize to ensure full implementation of the recommendations made following the State’s presentation of its initial periodic report to the Committee on the Rights of Persons with Disabilities on 18-19 August 2015.
The plan uses recommendations made to Kenya by the Committee to establish objectives, activities and indicators/outputs. It also identifies key State as well as non-state actors who must play central roles for the full realization of the Committee’s recommendations, as well as setting the timelines within which activities should be realized. The Plan of Action also includes a strategy for monitoring implementation of the Committee’s recommendations derived from international good practice.
Source of Data
Constitution of Kenya (2010).
Article 27 – right to work and employment
Article 54 (2)
Retrieved from https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/84786/94923/F2060046601/KEN84786.pdf
Assessing your country's national vocational training plan
Rationale for rating
Assigned DPO: EDAN (Ecumenical Disability Advocates Network)
Technical and Vocational Education and Training Authority Strategic Plan 2018-2022 as well as the Policy Framework for Education and Training: Reforming Education and Training in Kenya are inclusive of persons with disabilities
Sector Policy for Learners and Trainees with Disabilities, 2018 and Government funding to support disability inclusion in Kenya Study Report note that budget allocations for training of person with disabilities has been made
Data
Technical and Vocational Education and Training Authority
Strategic Plan 2018-2022
4.2 Access and Equity
Strategic objective 1: To lead in advocacy and re-branding of TVET -
TVETA will identify underrepresented groups, including, girls, women, persons with disabilities, and geographically disadvantaged populations and develop special programs to increase their access to TVET institutions and programmes;
A Policy Framework for Education and Training: Reforming Education and Training in Kenya -
Every child will be entitled to free and quality education, regardless of their social condition, gender, regional background, and disabilities.
4.11. Financing and Sustainability
Objective: Ensure equitable budgetary allocation and enhance resource mobilization towards higher and sustainable financing of education and training for children and youth with disabilities.
Sector Policy for Learners and Trainees with Disabilities, 2018
Policy Statement:
MoE shall mainstream and provide for inclusive education and training at all levels of learning.
The Ministry of Education shall:
Allocate adequate resources to sustain inclusive education.
Government funding to support disability inclusion in Kenya Study Report, 2020-11-02
The State Department for Vocational and Technical Training earmarked KES 961 million for special needs education at tertiary level between FY2016/17 and FY2020/21
Source of Data
https://planipolis.iiep.unesco.org/sites/planipolis/files/ressources/tiveta-strategic-plan-2.pdf.
https://www.idea-phd.net/images/doc-pdf/Managing_Developing/policy-framework-for-education-training.pdf
https://planipolis.iiep.unesco.org/sites/planipolis/files/ressources/kenya_sector_policy_learners_trainees_disabilities.pdf
Development Initiatives, 2020: https://devinit.org/resources/government-funding-to-support-disability-inclusion-in-kenya/
Assessing your country's Accessibility standards
Rationale for rating
Assigned DPO: United Disabled Persons of Kenya (UDPK)
We choose Established because : Legal provisions are there regarding Accessibility standards in some sectors as ICT and aligned to CRPD Article 9 on accessibility and in some sectors covered by bureau of standards (KEBS).Although for some sectors like transport there are no noticeable accessibility standards and in building/housing the standards are subtle/insufficient/not clear and not explicit stated for accessibility with regard to CRPD ).There is no clear monitoring mechanism to ensure these standards are adhered to and implemented. Budgeting for implementation of existing standards is not prioritized and where it exists it is insufficient
Data
- In National Building Regulations 2017: From BB-70 To BB-81 there are standards on how to design various house components and areas for persons with disabilities
- In the National ICT Policy (6.1.4) talks about accessibility. Measures numbered 1 to 11. Checking on wide range of accessibility ranging from broadcast media to Website applying the international web accessibility standards and also accessible technologies for persons with disabilities
- In National Housing Policy 47(e) talks about designing with accessibility in mind
-In the integrated National Transport Policy (4.11.5.5.) talks about harmonizing the policy with International traffic standards.
-In the inclusive mobility program, the department of transport will implement inclusive design standards to roads and transport services
KEBS (Kenya Bureau of Standards) offers standards of various aspects like Health to Consumable goods and services also TVET (Technical Vocational Training) provides training standards to trainers.
Source of Data
National Gender and Equality Act http://extwprlegs1.fao.org/docs/pdf/ken128411.pdf
National Plan of Action: https://laboursp.go.ke/wp-content/uploads/2018/05/National-Action-Plan-FINAL-draft-from-printer.pdf
Kenya Constitution 2010: http://extwprlegs1.fao.org/docs/pdf/ken127322.pdf
Education and training Policy: https://planipolis.iiep.unesco.org/sites/planipolis/files/ressources/kenya_education_training_gender_policy.pdf
National ICT policy: https://www.ict.go.ke/wp-content/uploads/2019/12/NATIONAL-ICT-POLICY-2019.pdf
Persons with Disabilities Act: https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/69444/115499/F923058%20154/KEN69444%202012.pdf
National Building Regulations: https://nca.go.ke/wp-content/uploads/2019/12/Building-Regulations-2017.pdf
National Construction Authority: http://kenyalaw.org/kl/fileadmin/pdfdownloads/bills/2011/
National_Construction_Authority_Bill__2011.pdf ; https://nca.go.ke/wp-content/uploads/2017/05/nationalconstructionauthorityact__2011-2.pdf
National Building regulations and Building standards Act: https://urbanlex.unhabitat.org/sites/default/files/urbanlex//ky_national_building_regu_and_bulding_standards_act_1977.pdf
National Housing Policy: https://housingfinanceafrica.org/app/uploads/National-Housing-Policy.pdf
Integrated National Transport Policy: http://www.krb.go.ke/documents/mot.pdf
National Plan of Action; https://laboursp.go.ke/wp-
Assessing your country's Equal pay for equal work
Rationale for rating
Assigned DPO: Deaf Empowerment Kenya
We chose Championing because as the right to equal treatment is outline in the 2010 Constitution.
We chose champion because the Act calls for equal treatment of all employees I the workplace including in remuneration and/or compensation for work done or services rendered.
We chose championing because the document outlines the PSC policies on disability mainstreaming for persons with disability in the public service.
We chose Championing because it aims to introduce and cultivate progressive adoption of affirmative action in the public service.
We chose Champion because the National Plan of Action aims to address the delay in the amendment of the Persons with Disabilities Act 2003 (general principles and obligations (articles1-4). The process is still ongoing).
We chose champion because the protocol merely advocates for the adoption and or adherence to the charter by signatories.
We chose championing because the UNCRPD is a well-recognized and established binding document aiming to champion observance of PWDs to be treated equally, fairly and with dignity.
Data
Disability Act No 14 of 2003 under Part III section 12 (2
Public Service Commission Code of Practice on Mainstreaming Disability, Part II, Section 12, 13, 14
The Diversity Policy for the Public Service of 2016
Ministry of Labour, Social Security and Services - The National Plan of Action of 2015
Protocol to the African Charter on Human and People’s rights on the rights of persons with disabilities in Africa
United Nations Convention on the Rights of People with Disabilities
Source of Data
Disability Act of 2003 states that a qualified employee with a disability shall be subject to the same terms and conditions of employment and the same compensation and privileges. It also calls for the establishment of the NCPWD to champion the rights of PWDs
The Diversity Policy for the Public Service of 2016 policy statement urges for adoption of affirmative action programmes to ensure progressive realization within five (5) years after coming into force in order to promote equality
It emerged that Kenya is still in the process of amending the Act through the Persons with Disabilities (Amendment) Bill (2019) thereby leaving a gap through which PWDs are discriminated against through less pay for work done.
While Kenya is a signatory under Article 20 on the Right to Adequate Standard of Living for themselves and their families, the protocol does not expressly pronounce itself on the principle of equal pay for equal work.
There does not exist enforcement mechanisms through which to ensure state parties are formulating laws and policies as outlined in the UNCRPD Art. 27
Assessing your country's Reasonable accommodation
Rationale for rating
Assigned DPO: KPO (Kenyan Paraplegic Organization)
The State through NCPWs is carrying out awareness raising and training on reasonable accommodation for employers in public and private sectors.
There is no Country policy on disability mainstreaming; rather an implementation strategy.
Reasonable accommodation is not expressly mentioned in the implementation plan
The government has made provisions and made efforts to sensitize employers to provide reasonable accommodation for PWDs in employment and learning institutions.
Provision of reasonable accommodation is NOT regularly monitored and monitoring reports are hard to get by an indication that points to the difficulty available in accessing the data on the status of implementation on legal provisions and policies that provide for the implementation of the statute that relate to enhancing reasonable accommodation.
Work needs to be done on implementing such measures as monitoring of provision of reasonable accommodation, Sensitizing and training staff members on service provision to Persons with disabilities such as intellectual, physical, visual, deaf, albinism, epilepsy, autism, cerebral palsy, among others.
Data
Although the law and policies are established, there is no report on the extent to which they have been implemented. However, there is evidence of efforts made towards meeting the CRPD goal on reasonable accommodation.
For instance, the Cabinet Secretary (CS) Treasuring during the of the report launch said that the Ministry is in the process of establishing a regional Assistive Technology (AT) Hub to produce assistive devices that are appropriate, affordable and of high quality to be used in the Kenyan terrain. This has not yet been done. Various sectors have developed their own policies; education, Public Service Commission, Higher learning Institutions (Public ones).
Further, efforts are already is at an advanced stage in developing an adjustment order policy. This will promote the principal of reasonable accommodation for PWDs as it will address accessibility to the built environment, public transport services and information provided for in the National Disability Mainstreaming Strategy 2018-2022, PWDs Act of 2003. Ministry of Education.
Sector Policy for Learners and Trainees with Disability National Disability Mainstreaming Strategy is meant to guide public and private sector institutions to mainstream disability agenda in their internal structures and systems and promote the inclusion of Persons with Disabilities (PWDs) in the social-economic and political development of the country.
Although the Strategy is comprehensive to include coordination structures, monitoring and reporting, there is need to enforce progressive realization of attaining the 5% on elective, appointive, contractual of all recruited personnel in appointments.
Developing inclusive policies, regulations and programmes to ensure that Persons with disabilities participate in cultural, sporting and recreational activities on an equal basis with others the budget for implementation plan and monitoring is not included therefore untenable measures.
Source of Data
- Disability Mainstreaming Policy (2018) Maseno University
-National Disability Mainstreaming Strategy (2018-2022)
-Persons with Disability Act 2003
-Persons with Disabilities Bill sent to PS
-Public Service Code of Practice on Mainstreaming Disability
-Ministry of Education – Sector Policy for Learners and Trainees with Disability (May 2018)
-Disability Mainstreaming Policy Draft for Centre for Mathematics, Science, Technology Education in Africa (CEMASTEA)
-Public Service Commission Code of Practice on Mainstreaming Disability Kenya
-Implementation of Disability Policies in Kenya and the -Implications for Post 2015 Development Agenda; - Lydia Muriuki, OGW, Secretary for Social Development, Ministry of Labour, Social Security and Services - Kenya
-Disability Report Kenya – Social Protection and Disability
-Disability in Kenya: A case study and country report - -Disability Rights and the International Policy Context (SLSP 3120)
-Policy strategies for effective implementation of inclusive education in Kenya. International Journal of Educational
-Administration and Policy Studies (Bibiana Ruguru Ireri*, Madrine King’endo, Eric Wangila and Simon Thuranira) Received 6 November 2019; Accepted 2 March, 2020
Assessing your country's Training for employment services
Rationale for rating
Assigned DPO: United Disabled Persons of Kenya (UDPK)
We choose Initiating because in both levels of Government County and National, There are some laws and policies regarding training programmes to various staff in employment services, but the trainings are not specific and mandatory to training on the Rights of persons with disabilities with regard to CRPD article 27.
The provisions on training they are for general training on various issues but there is not provision for mandatory training on rights of persons with disabilities both in private and in public insistutions. Also there are no noticeable training programs carried out by the government on the rights of persons with disabilities. On-State actors have some programs supporting and conducting these trainings.
Data
- In Public Service Act 2017,56(1), (a) to (j) It talks about training public officers, but it does not talk about training them on Disability Rights.
- In national Employment Authority Act (34) and 8 (d) and (g) Talks about facilitation of training and offering continuous training and needs assessment for training but not specific to training on Rights of Persons with Disabilities.
-In technical and Vocational and Training Act and in the regulations, there is not requirement to train employers on Rights of persons with disabilities.
-In industrial and vocational Training Acts the emphasis is on general training. In all the laws and policies related to training analysed there is not specific requirement to train employers on Rights of Persons with Disabilities
Through conversations held with some staff in various departments in the government and some employers it was apparent that Government does not have training program concerning rights of persons with disabilities.
Source of Data
Public service Commission Act http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/PublicServiceCommissionAct2017.pdf
Industrial Training Act; https://laboursp.go.ke/wp-content/uploads/2018/05/INDUSTRIAL-TRAINING-ACT.pdf
Vocational Training ACT-http://www.tveta.go.ke/wp-content/uploads/2019/06/Technical-and-Vocational-Education-and-Training-Act_No29-of-2013.pdf
Technical and Vocational Education and Training Act 2013 http://www.tveta.go.ke/wp-content/uploads/2019/06/Technical-and-Vocational-Education-and-Training-Act_No29-of-2013.pdf
Technical and Vocational Education and Training Act Regulations 2015 http://www.tveta.go.ke/wp-content/uploads/2019/06/242-Technical_and_Vocational_Education_and_Training_Act_Regulations__2015-1.pdf
National Employment Authority Act
https://www.nea.go.ke/web/wp-content/uploads/2019/10/National-Employment-Authority-Act3of2016.pdf
Education and Training Sector Gender Policy
https://planipolis.iiep.unesco.org/sites/planipolis/files/ressources/kenya_education_training_gender_policy.pdf
The Micro and Small Enterprise Act 2012
https://www.industrialization.go.ke/images/downloads/policies/Micro-and-Small-Enterprises-No-55-of-2012.PDF
Constitution of Kenya,2010
http://extwprlegs1.fao.org/docs/pdf/ken127322.pdf
Kenya National Social Protection Policy
http://www.africanchildforum.org/clr/policy%20per%20country/kenya/kenya_socialprot_2011_en.pdf
Assessing your country's Employer incentive programmes
Rationale for rating
Assigned DPO: Kenya Union of the Blind
From available literature, Kenya has made progress in promoting the employment of persons with disabilities in both public and private sectors through development of incentives to employers. However, the impact of employers’ incentive programs on employment of persons with disabilities cannot be verified because of unavailability of monitoring systems.
Data
CRPD Article 27 – The Convention is recognised by the Constitution as a source of domestic laws. Sub article (g) of the article requires the state to employ persons with disabilities in public sector
Constitution 2010, article 10 – Sub article 2 (b) recognizes human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalized as national values and principles of governance.
Constitution 2010, article 232 – According to the article, persons with disabilities’ right to adequate and equal opportunities for appointment, training and at all levels of the public service is recognized as a value and principle of public service.
Diversity Policy for Public Service (2016) – Outlines employment of persons with disabilities as a performance indicator in ministries departments and agencies.
Persons with Disabilities Act (2003) – Article 16 provides income tax reduction for private sector employers who employ persons with disabilities and employers who make adjustments to accommodate employees with disabilities.
Kenya Youth Employment Program (KYEOP) – A World Bank funded program that seeks to improve the employability of Kenyan youths including youths with disabilities by providing them with skills for employability
Source of Data
• Constitution of Kenya (2010)
• UN Convention on the Rights of Persons with Disabilities
• Constitution of Kenya (2010)
• Constitution of Kenya (2010)
• https://www.publicservice.go.ke/index.php/publications/policies-guidelines/category/60-policies
• Persons with Disabilities Act (2003)
http://mis.kyeop.go.ke/
Assessing your country's Entrepreneurship programmes
Rationale for rating
Assigned DPO: Women Challenged to Challenge
Entrepreneurship programs: Mainstream entrepreneurship and development programs ensure access to Persons with Disabilities on an equal basis with others including through the provision of reasonable accommodation.
Data
The Govt. has recently introduced Access to Government Procurement Opportunities (AGPO), which is targeting the vulnerable groups, that is Women, Youth and PWDs as a way of empowering them financially. 30% of all Public procurement has been reserved for this category of population, and through The National Treasury on Implementation of the 30% Public Procurement Reservation and Preference for Youth, Women and Persons with Disabilities demands that at least 2% be reserved for PWDs (as Minimum)
The Government through the MoGCSD has established and coordinates 12 Vocational Rehabilitation Centres in various parts of the country. These centres offer vocational training in different kinds of trades that seek to empower persons with disabilities to enable them to enter into formal, informal or self-employment. In order to achieve integration, the Centres have adopted integration policy where 60% of the students are persons with disabilities while 40% are able bodied.
The Government has established Women Enterprise Fund, the Youth Enterprise Fund, the National Development Fund for Persons with Disabilities and National Fund for Persons with Disability, which provide start-up capital for women, youth and persons with disabilities. The Government through UNDP undertakes capacity building on entrepreneurship for persons with disabilities who are street vendors. ILO is also working with women with disabilities on building entrepreneurship skills. Further, the Government is currently developing a Draft Small & Medium-Size Enterprises (SMEs) Bill which recognizes disabilities.
The National Development Fund (NDF) for PWDs) which is aimed at promoting business entrepreneurship for Persons with Disabilities, access to assistive devices and training
Women and men with disabilities can and want to be productive members of society. In both developed and developing countries, promoting more inclusive societies and employment opportunities for people with disabilities requires improved access to basic education, vocational training relevant to labour market needs and jobs suited to their skills, interests and abilities, with adaptations as needed. Many societies are also recognizing the need to dismantle other barriers - making the physical environment more accessible, providing information in a variety of formats, and challenging attitudes and mistaken assumptions about people with disabilities.
The National Council for Persons with Disabilities is also giving loans on Persons with Disabilities who have registered their own companies and are engaging in Government procurement. (AGPO)
State department of social Protection
Vocational Rehabilitation Training division which has the following functions
• Oversee skills training of PWDs in the Vocational Rehabilitation Centres.
• Promote development of infrastructure to suit needs of Persons with Disabilities.
• Spearhead development and review curriculum of VRC.
• Rehabilitation and re integration Persons with Disabilities.
• Promote entrepreneurship development and empowerment of VRC graduates (provision of start -up tool kits).
• Promote development of Community based rehabilitation and placement.
https://www.socialprotection.go.ke/persons-with-disabilities
Kenya has put in place various initiatives to improve the lives and livelihoods of persons with disabilities (PWDs). These include interventions in social sectors such as health, education, social protection and empowerment for effective participation in the labour market.
However, more needs to be done to build and strengthen social systems to ensure PWDs access and effectively participate in economic activities.
Besides, disabilities are multi-dimensional in nature and require multi-sectoral approaches. According to the Constitution of Kenya, disabilities entail physical, sensory, mental, psychological or other impairment or condition or illness that has, or are 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.
KCB foundation, through its flagship youth empowerment programs, @KCB Foundation, through its flagship youth empowerment programs, ‘2jiajiri’ is set to equip 1,000 persons living with disabilities with technical and entrepreneurial skills this year.
The beneficiaries will receive vocational training at technical training institutions across the country in various trades that form the backbone of the informal economy namely: agribusiness, automotive engineering, beauty and personal care, building and construction, and domestic services. Out of this year’s recruitment target, the foundation will extend business development services and financial support to Pwds operating micro small and medium enterprises (MSMEs) and apprentices who will be recruited through the KCB Bank branch network in the country.
https://sokodirectory.com/2019/03/kcb-foundation-equips-youth-with-disabilities-with-entrepreneurial-skills/
Source of Data
http://www.knchr.org/Portals/0/InternationalObligationsReports/CRPD%20REPORT%20A4.pdf?ver=2016-08
https://www.socialprotection.go.ke/persons-with-disabilities
https://sokodirectory.com/2019/03/kcb-foundation-equips-youth-with-disabilities-with-entrepreneurial-skills/
Assessing your country's Vocational training
Rationale for rating
Assigned DPO: EDAN (Ecumenical Disability Advocates Network)
Technical and Vocational Education and Training Authority Strategic Plan 2018-2022 as well as the Policy Framework for Education and Training: Reforming Education and Training in Kenya are inclusive of persons with disabilities
Sector Policy for Learners and Trainees with Disabilities, 2018 and Government funding to support disability inclusion in Kenya Study Report note that budget allocations for training of person with disabilities has been made.
Data
https://planipolis.iiep.unesco.org/sites/planipolis/files/ressources/tiveta-strategic-plan-2.pdf.
https://www.idea-phd.net/images/doc-pdf/Managing_Developing/policy-framework-for-education-training.pdf
https://planipolis.iiep.unesco.org/sites/planipolis/files/ressources/kenya_sector_policy_learners_trainees_disabilities.pdf
Development Initiatives, 2020: https://devinit.org/resources/government-funding-to-support-disability-inclusion-in-kenya/
Source of Data
1) Constitution of Kenya, 2010 article 27(6) (proposed affirmative action measures); and article 54(1(b) (about the right 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).
2) Persons with Disabilities act of 2003 section 7(1) (e) which mandates NCPWD to consult with the Government in the formulation of suitable curricula for vocational rehabilitation centres and other training facilities for persons with disabilities;
3) Sessional Paper No.1 of 2005, which set a Policy Framework for Education, Training and Research, titled "Meeting the Challenges of Education, Training and Research in Kenya in the 21st Century.
4) MINISTRY OF EDUCATION SESSIONAL PAPER NO1 OF 2019 on A Policy Framework for Reforming Education and Training for Sustainable Development in Kenya Towards Realizing Quality, Relevant and Inclusive Education and Training for Sustainable Development.
5) Background paper prepared for the Education for all Global Monitoring Report 2012.Skills development for youth living with disabilities in four developing countries by Maria Kett which provides for the Analysis of different types of disabilities and their implication for access to education, training and employment in different country contexts.
6) https://repository.maseno.ac.ke/handle/123456789/59 Factors Affecting Provision of Vocational Rehabilitation and Job Placement Services for Learners with Intellectual Disabilities in Nyanza Region, Kenya
7) https://ir-library.ku.ac.ke/bitstream/handle/123456789/11197/ Relevance of vocational courses for trainees with physical disabilities to market demands at Muriranjas and Nyandarua centres, Murang’a and Nyandarua counties, Kenya
8) https://www.iiste.org/Journals/index.php/JEP/article/view/10732 Accessibility of Technical and Vocational Training Among Disabled People: Survey of TVET Institutions in North Rift Region, Kenya
9) https://www.arcskillsforwork.com/blog/tvet-for-disabled-youth VET for Special Education Needs Students - Success Factors Learning through best practice
Assessing your country's Prohibition of forced or compulsory labour
Rationale for rating
Assigned DPO: Women Challenged to Challenge
Laws exist that prohibit and protect persons with disabilities from forced labour. Laws include provisions to ensure protection for persons living in institutionalized settings such as rehabilitation centres, group homes, psychiatric hospitals or other care facilities. State sponsored awareness campaigns condemning forced or compulsory labour are carried out.
Data
Laws exist that prohibit and protect persons with disabilities from forced labour. Laws include provisions to ensure protection for persons living in institutionalized settings such as rehabilitation centres, group homes, psychiatric hospitals or other care facilities. State sponsored awareness campaigns condemning forced or compulsory labour are carried out.
Employment Act,2007
Is there prohibition against forced labour? Under section 4 of Employment Act, 2007, It defines the benefits, duties and obligations of the employer and the worker, which includes: contract of service, prohibition against forced labour, discrimination in employment, sexual harassment, payment of wages, leave, termination, and living amenities. No person shall use or assist any other person in recruiting, trafficking or using forced labour. The law defines forced or compulsory labour by excluding the work or service that should not be included as forced labour.
What is forced labour?
Under Employment Act, 2007, forced or compulsory labour is any work or service that a person does under threat of any penalty, or work that a person does involuntarily. A threat in this case includes the loss of one’s rights or privileges.
Is there prohibition against forced labour?
Under section 4 of Employment Act, 2007, no person shall use or assist any other person in recruiting, trafficking or using forced labour. The law defines forced or compulsory labour by excluding the work or service that should not be included as forced labour.
These types of works include:
• Work in the military. However, forced or compulsory recruitment of children for use in armed conflict is deemed to be forced labour
• Work or service which forms part of the normal civic obligations of the citizens of Kenya
• Work or service carried out as a result of a conviction in a court of law, provided that the work or service is carried out under the supervision and control of a public authority and that the person is not hired out to or placed at the disposal of private persons, companies or associations
• Cases of emergency where a person works in the event of war or disaster or threat of calamity in any circumstance that would endanger the existence or the well-being of the whole or part of the population
• Minor communal services performed by the members of the community in the direct interest of the said community provided the members of the community or their representatives are consulted.
What happens if one contravenes this law?
A person who contravenes the provisions of this section commits an offence and shall, on conviction be liable to a fine not exceeding KES 500, 000 or to not more than a two-year jail term or to both.
Under section 4 of Employment Act, 2007, (1) no person shall use or assist any other person in recruiting, trafficking or using forced labour.
Section 3 of COUNTER-TRAFFICKING IN PERSONS ACT; (1) A person commits the offence of trafficking in persons when the person recruits, transports, transfers, harbours or receives another person for the purpose of exploitation by means of— (e) abuse of power or of position of vulnerability;
Section 10 of children act (1) Every child shall be protected from economic exploitation and any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.
Article 30 of Kenya constitution states that;
(1) A person shall not be held in slavery or servitude.
(2) A person shall not be required to perform forced labour.
Article 29 of Kenya constitution states that; every person has the right to freedom and security of the person, which includes the right not to be-- (F) treated or punished in a cruel, inhuman or degrading manner.
Article 41 of Kenya constitution states that; (2) Every worker has the right--((b) to reasonable working conditions.
LAW / POLICY ASSESSED:
The Employment Act of 2007, http://kituochasheria.or.ke/wp-content/uploads/2016/04/Kenyan-Worker-and-the-Law-final2.pdf, constitution of Kenya, ILO convention (PDF),Labour Relations ACT, Disability Act
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities and guarantees equal opportunities for individuals with disabilities in employment, transportation, public accommodations, state and local government services, and telecommunications.
Key international standards on disability and their status
• International Labour Organization (ILO) Convention concerning Discrimination in Respect of Employment and Occupation, 1958, (No. 111). Status: ratified, May 2001.
• ILO Convention Concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983, (No. 159). Status: ratified, 27 March 1990.
• United Nations Convention on the Rights of Persons with Disabilities (2006) and Optional Protocol. Status: ratified on 19 May 2008. Kenya works to implement the Action Plan established for the African Decade of Persons with Disabilities, extended to December 2019. (ILO fact sheet)
The Constitution of Kenya prohibits forced labour. The Employment Act defines forced and compulsory labour as any work or service which is extracted from any person under the threat of any penalty, including the threat of a loss of rights or privileges, which is not offered voluntarily by the person doing the work or performing the service.
The Act prohibits all forms of forced or compulsory labour. A person who contravenes the provisions of this section commits an offence and shall, on conviction be liable to a fine of at least 500,000 shillings or to imprisonment for a term of at least two years or both.
Source of Data
Section 4 of Employment Act, 2007
Section 3 of COUNTER-TRAFFICKING IN PERSONS ACT;
Section 10 of Children Act (1)
Article 29, Article 30, Article 41 of Kenya constitution
http://kituochasheria.or.ke/wp-content/uploads/2016/04/Kenyan-Worker-and-the-Law-final2.pdf, Constitution of Kenya, ILO convention (PDF), Labour Relations ACT, Disability Act
Source: 30 of the Constitution of Kenya 2010; 2 & 4 of the Employment Act 2007, https://www.wageindicator.org/Wageindicatorfoundation/wageindicatorcountries
Assessing your country's Consultation
Rationale for rating
DPO Assigned: United Disabled Persons of Kenya (UDPK)
We choose Established because:There is presence of both national, County and international laws regarding involving Persons with disabilities in decision making processes. These laws are aligned well with CRPD Article on Participation. Some changes have been made to allow for public participation in development of bills and policies (Although the public participation part is not explicit on participation by persons with disabilities). But in practice these provisions are not implemented or monitored. The government does not have clear monitorable mechanisms on how to engage persons with disabilities and their representative organization in development and implementation of policies, programs and laws.
Data
Kenya Constitution 2010, 118(b)call for public participation in development processes of laws/policies or programmes and also in 174(c) county public participation. In the Public Finance Management Act 6(2) Calla for public participation in preparation of budgets and planning for county and national government. The National Social Protection Policy talks about Public participation.
It is noted that there is presence of laws and polices calling for involvement of public in decision making processes of the government, although it is worthy to note that these calls are not specific to persons with disability but to the general public.
Through the interviews with DPO Leaders and persons with disability their involvement in Government decision making processes vary. In some instance they will be fully involved and then in some cases left out completely or get involved at the tail end of the proceedings. Meaningful involvement of Persons with disability although provided in the laws including CRPD has not taken root. In practices, this is exception but not the rule
Source of Data
Interviews with DPO Leaders and Persons with Disabilities
Constitution of Kenya,2010
http://extwprlegs1.fao.org/docs/pdf/ken127322.pdf
Persons with Disability Act 2010
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/69444/115499/F923058%20154/KEN69444%202012.pdf
The Public Finance Management Act, Legal Notice No. 34
http://www.parliament.go.ke/sites/default/files/2017-05/Legal_Notice_No._34_National_Govt_Regu.pdf
Kenya National Social Protection Policy
http://www.africanchildforum.org/clr/policy%20per%20country/kenya/kenya_socialprot_2011_en.pdf
Assessing your country's Coordination
Rationale for rating
Assigned DPO: VSION OF THE BLIND
We settled for established since the cross-ministerial coordination is already provided for by the law and other policies: and that the coordination is being actualized even though not to the much-desired levels.
Data
1. The membership of the National Council for Persons With Disabilities has representation from various key government ministries and departments: Culture and Social Services, local government, Health, education, economic planning, Housing, Transport, Labour, Attorney General office, a representative of employers in Kenya and a representative from an umbrella organization representing the interests of workers in the country; among others.
2. The Council is mandated to oversee the implementation and co-ordination of services provision to persons with disabilities and advise the Minister responsible for disability issues accordingly.
3. Deliberate and specific measures have been put in place to ensure there is some sort of collaboration between the various government ministries and departments for the provision of the different services to PWD's as articulated in the Persons With Disabilities act of 2003.Eg tax exemption, registration of Persons With Disabilities among others.
4. All Government ministries responsible for implementation of the various provisions of the Persons with Disabilities act of 2003, are mandated to establish and maintain an inspectorate unit for the purpose of ensuring the enforcement and compliance with the provisions of the Act.
Source of Data
1. Persons With Disabilities act of 2003 section 4 (membership of the Council), section 7(1) (b) (viii) (co-ordination of services provided in Kenya for the welfare and rehabilitation of persons with disabilities and to implement programmes for vocational guidance and counselling), section 43 (Inspectorate units and Council inspectors), PART III--RIGHTS AND THE PRIVILEGES OF PERSONS WITH DISABILITIES; PART IV--CIVIC RIGHTS; PART VI--RELIEF AND INCENTIVES; PART VII--MISCELLANEOUS; and PART VIII--OFFENCES AND PENALTIES
2. Disability Policy & Guidelines for the Public Service MARCH 2018.which was developed for purposes of guiding the Public Service in disability mainstreaming to ensure a diverse workforce as provided for in the Constitution of Kenya and Persons with Disabilities Act; and which is supposed to be applied in all institutions in the Public Service.
3. Implemetation-of-disability-policy-in-kenya-post-2015-MDGs: https://african.org/wp-content/uploads/2015/10/.pdf - identified policy gaps towards the realization of Disability mainstreaming in Kenya and proposed mitigation.
4. STRATEGIC PLAN 2018 – 2022 contains the Kenyan government cross-ministerial plans for service delivery to Persons with Disabilities.
5. NCPWD and other relevant Government ministries and departments service charters.
Assessing your country's Most marginalized
Rationale for rating
Assigned DPO: Albinism Society of Kenya
Legal provisions are in place to promote social protection with very little applicable effort to persons with disabilities
Data
This policy has been implemented and has a strong Secretariat based in the Ministry of Labour. It has provided an important framework for the protection and promotions of the rights of persons with disability access employment and work in dignity.
Source of Data
Kenya Law, http://www.kenyalaw.org/, Kenya PDF of Revised Edition 2012, Retrieved on 17/9/2019 Part iii – Rights and the Privileges of Persons with Disabilities