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Article 28
- 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 social programmes and basic services
Rationale for rating
Assigned DPO: EDAN
Establish the right to an adequate standard of living for all with explicit mention of persons with disabilities.
Are inclusive of persons with disabilities to ensure access to all mainstream and disability-specific programmes and services on an equal basis with others.
The right to adequate standard of living for all is well established in the constitution with no explicit mention of persons with disabilities.
Access to all mainstream and disability-specific programmes and services on an equal basis with others is provided for in the constitution, Kenya national social protection policy 2012 and vision 2030.
Data
Constitution of Kenya 2010
Economic and social rights
(1) Every person has the right—
(a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;
(b) to accessible and adequate housing, and to reasonable standards of sanitation;
(c) to be free from hunger, and to have adequate food of acceptable
quality;
(d) to clean and safe water in adequate quantities;
(e) to social security; and
(f) to education.
Kenya National Social Protection Policy 2011
6.3 Prioritization and Sequencing of Policy Measures
6.3.1 Short and Medium-term Measures
Policy Measure: In the immediate to medium term, the government, by coordinating the currently fragmented social protection interventions, will establish and provide a basic minimum social protection package as defined in the AU Social Protection Framework (2008). These include ……disability benefits among others.
Policy objective 6
The older people and people with disability will enjoy income security through pensions and transfers granted at least up to the poverty line level.
Vision 2030
Flagship projects
The two flagship projects to be implemented alongside the above strategies are:
• Establishment of a consolidated social protection fund for cash transfers to OVCs and the elderly; and
• Full implementation (including appropriate budgetary allocations) of the Disability Fund.
Source of Data
https://www.socialprotection.or.ke/images/downloads/kenya-national-social-protection-policy.pdf, Retrieved on 2nd October 20202
Vision 2030: https://www.researchictafrica.net/countries/kenya/Kenya_Vision_2030_-_2007.pdf, Retrieved on 2nd October, 2020
Assessing your country's laws and policies on social protection
Rationale for rating
Assigned DPO: Women Challenged to Challenge
All laws and policies regulating Social Protection:
• Explicitly refer to persons with disabilities and ensure their equal access to all protection programs, including both social assistance and social insurance
• Protect from discrimination on the ground of disability, including through the provision of reasonable accommodation
• Provide for full accessibility to different social protection programs and services
• Ensure gender equality through protection from discrimination on the basis of gender and disability
• Recognise disability – related extra costs on both in the establishment of the level of the benefit as well as in the establishment of income thresholds
• Has effective remedies and sanctions in place
Data
Social protection
Kenya has invested in the development of an early stage lifecycle system by putting in place social protection schemes that provide income support for citizens when they become vulnerable at an early age, old age or as a result of disability. This is consistent with the Universal Declaration of Human Rights under Article 22 and the Constitution of Kenya under Article 43 that stipulate that “every member of society has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality”.
Persons with Disabilities are amongst the recipients of social protection due to their vulnerability to chronic poverty and social exclusion. In Kenya, the National Social Security Policy, 2011 categorizes social protection initiatives for PWDs under Social Assistance, Social Protection for Health and Social Security. Social Assistance in Kenya takes the form of Cash Transfers to Persons with Severe Disability (PWSD-CT).
Benefits for the programs are in the form of regular and reliable cash transfers. The programs play an increasingly important role in the fight against extreme poverty by supplementing incomes in poor households, enabling them to increase their consumption of food and other basic items. It also promotes other benefits, including increased use of education and health services, and increased economic resilience of households.
Eligibility criteria for the PWSD-CT programs include:
(i) an extremely poor household with a severely disabled person for PWSD-CT;
(ii) a household not enrolled in any other CT programme;
(iii) a household with no member receiving a pension;
(iv) a household that has resided in a particular location for more than a year; and
(iv) the beneficiary is a Kenyan citizen.
The main objective of the programme is to enhance the capacities of the caregivers through cash transfers, thereby improving the livelihoods of persons with severe disabilities and mitigating the effect of the disability to the household. The programme targets persons with severe disability, defined as those who need permanent care including feeding, toiletry, and protection from danger from themselves, other persons or from the environment.
They also need intensive support on a daily basis, which keeps their parents, guardians or caregivers at home or close to them throughout. The programme was launched in the 2010/11 financial year in all the 210 Issue 11, No. 2 | Oct - Dec. 2019 19 constituencies with 2,100 beneficiaries. It was scaled up to cover 14,700 beneficiaries in the 2011/12 financial year. During the 2013/14 financial year, the programme enrolled an additional 12,500 new beneficiaries bringing the total number in the programme to 27,200 households.
In 2015/16, the programme enrolled an additional 20,000 beneficiaries. The total allocation for the programme in 2017/18 was Ksh 1.2 billion, which was expected to grow by 9.3% in 2018/19. The programme covered 47,000 beneficiaries in 2019/20. Direct cash disbursements to PWDs are expected to grow by 26% in 2019/20. Overall, a total of Ksh 7.1 billion was advanced to households with PWDs between 2010 and 2019. Beneficiaries of the governments Cash Transfer Programme for PWSD are also entitled to Social Protection for Health.
The service is offered by the National Hospital Insurance Fund (NHIF) and beneficiaries are eligible to access the National Health Scheme benefits package dubbed NHIF SUPACOVER. However, the main challenge relates to the fact that the social assistance programmes for PWDs are still targeted, leading to lower coverage as opposed to universal and leaving the vast majority of PWDs in need of support.
Other key challenges affecting implementation of the cash transfer programmes for PWDs include: challenges in delivery of payments to beneficiaries in the far-flung areas; inability of beneficiaries with defaced finger prints to access payments since the ministry in charge of social protection only uses a two-factor authentication process which involves the use of national identification (ID) card and biometrics (fingerprints); inadequate awareness amongst beneficiaries and the public on the operations of the cash transfer programs; and inadequate funding levels to adequately cover all deserving poor and vulnerable cases and to manage the programs.
To address the challenge, there is need to come up with a resource mobilization strategy to upscale coverage of cash transfer and health insurance to all PWDs. Tax financing can provide support for the population in need of social protection, including PWDs, while social insurance for both employed and unemployed PWDs could allow for consumption smoothing. The PWDs cash transfer programs should also be expanded into a universal disability benefit for all persons with severe disabilities who are not in receipt of the Inua Jamii senior citizens scheme.
Further, the National Social Security Fund should be reformed to provide predictable and regular disability and old age pension payments to its members. The lessons learnt and best practices include migration to new payment choice model, which involves migration of beneficiaries from card-based to account-based model of payments through contracted payment service providers.
This system is more secure, affording PWDs banking services by choice, payments in proximity to their locations, ability to save and withdraw from several outlets, among others. Development of a harmonized targeting methodology (HTM) and tool for the cash transfer programs is critical. The methodology is aimed at providing a common framework to be used in the identification of potential beneficiaries to be enrolled in cash transfer programs. This is in line with the overall consolidation of the programs.
The targeting tool could be electronic, which will increase efficiency, accuracy and reduce costs involved in registration and targeting of beneficiaries. Provision of social security benefits for PWDs’ care givers is also critical. Social insurance legislation should address the vulnerability of periodically unemployed family care givers, and the scheme should be flexible enough to accommodate the irregular engagement of caregivers in economic activities. Pension reforms could include special provisions to cater for the needs of care givers who, relative to other members, may not accumulate enough contributions or years of service to benefit from decent pension.
The National Social Protection Policy (NSPP) was developed in 2011 by the then Ministry of Gender, Children and Social Development to cushion people financially after their active years of working so that they live a decent life with access to better social services after retirement. The social protection initiatives for PWDs include disability grants, disability benefit, disability insurance and disability coverage.
The Persons with Severe Disabilities Cash Transfer (PwSD-CT) is distributed through the NCPWD under the National Disability Fund. NCPWD also offers support to PWDs in form of assistive devices, educational support through grants, and improvement of access infrastructure to institutions that offer services to PWDs. The proposals for social protection for PWDs to be implemented by 2030 include Child Disability Benefit to be introduced in 2020/21, which will include a transfer of Ksh 2,210 per month to a caregiver of each child with severe disability, and Disability Benefit for adults with severe disabilities not in receipt of the Inua Jamii Senior Citizens’ scheme. This will be introduced in 2020/21.
National Policy on Ageing and Older Persons, 2007
The objective of the policy is to facilitate the provision of reasonable care and assistance to older persons by family and the state; promote the participation of older persons in development processes; and enhance and facilitate older persons to pursue their personal development. The policy recognizes that older people experience impairment and illness as a result of old age, and this may lead to disability, and thus the need for social protection for older persons with disability. Older persons are an important segment of the national population whose rights must be
Accessibility:
Social protection systems should be barrier-free and inclusive and ensure that everyone has equal opportunities for access, which may require special measures being taken for particular categories of the population who may face additional barriers, such as those living with disabilities.
Adaptability:
States must guarantee that social protection programmes, services and materials are adapted to the needs of individuals, including persons with disabilities, as well as to local contexts. They should be culturally acceptable in the context of multiple forms of discrimination. Adequacy of the benefits provided: States should ensure that social protection schemes provide quality services and benefits of an adequate amount and duration to enable all beneficiaries to enjoy an adequate standard of living, including ensuring that persons with disabilities enjoy equal opportunities to access the same standard of living as other citizens.
These principles are adapted from Sepúlveda and Nyst (2012), Recommendation 202/2012 of the International Labour Organization and UNRISD’s Social Protection & Human Rights Platform at: http://socialprotection-humanrights.org
Persons with Disabilities Act, No. 14 of 2003 establishes NCPWD which is a semi-autonomous Government Body Agency whose parent is the Ministry of MoGCSD and is currently composed of 21 members who represent various disability organizations and government ministries. The role of the Council is to promote the rights of persons with disabilities and mainstream these rights in all aspects of national development.
Source of Data
The Universal Declaration of Human Rights under Article 22, the Constitution of Kenya under Article 43
The Persons with Disabilities Act, 2003, Part III – Section 12
Human rights principles for design and delivery of social protection systems and schemes
These principles are adapted from Sepúlveda and Nyst (2012), Recommendation 2012 of the International Labour Organization and UNRISD’s Social Protection & Human Rights Platform at: http://socialprotection-humanrights.org
Assessing your country's Poverty reduction plans and/or social services plans
Rationale for rating
Assigned DPO: KUB (Kenya Union of the Blind)
Available literature shows Kenya has made progress in ensuring that persons with disabilities, in particular women and girls and older persons have access to social protection and poverty reduction programs.
The national poverty reduction and social protection plans, policies and systems have also mainstreamed disability from planning to monitoring.
Data
POVERTY REDUCTION/NATIONAL LEVEL
Medium Term Programme (MTP) III of Vision 2030 - The government, through this Plan, has adopted a dual approach of mainstreaming disability services as well as providing some services on the basis of affirmative action.
Disability Mainstreaming Program - A program under the National Council for Persons with Disabilities (NCPWD) whose mandate is to facilitate Disability Mainstreaming Programmes in Public and Private Sector. The objective of the program is to promote Government Institutions to embrace the Principle of Universal Design, Reasonable Accommodation, and setting up an atmosphere that accelerates meeting the needs and aspirations of persons with disabilities
Access to Government Procurement Opportunities (AGPO) - established under the Ministry of Finance following a Presidential Directive in 2013 to allow 30 per cent of Government procurement opportunities be set aside for the youth, women and persons with disability without competition from established firms.
Ajira Digital - Is an initiative under the Ministry of ICT is aimed at introducing young people including youths with disabilities in Kenya to online work and provide the tools, training and mentorship needed for young people to work and earn an income through online work.
Micro and Small Enterprises Authority (MSEA) – Established through the Micro and Small Enterprises Act 2012), the authority is charged with the mandate of promoting the mainstreaming of youth, gender and persons with disabilities in all micro and small enterprises activities and program
National Government Affirmative Action Fund (NGAAF) - The Fund’s mandate is to address the plight of vulnerable groups by reducing poverty and inequality through enhanced access to financial facilities for socio-economic empowerment among women, youth, Persons with Disabilities, needy children and elderly persons in the country
UWEZO Fund – a program under the Ministry of Public Service, Youth and Gender affairs aimed at enabling women, youth and persons with disability access finances to promote businesses and enterprise development. It provides mentorship opportunities to enable the beneficiaries take advantage of the 30% government procurement preference (AGPO) through its capacity building programme.
Youth Enterprise Development Fund (YEDF) - The fund seeks to create employment opportunities for young people including youths with disabilities through entrepreneurship.
Women Enterprise Development Fund (WEF) - The focus of the Fund is to provide accessible and affordable credit to support women start or expand businesses for wealth and employment creation
National Fund for the Disabled of Kenya (NFDK) – Established under the Perpetual Succession Act, the fund promotes income generating activities and access to assistive devices by persons with disabilities.
National Development Fund for Persons with Disabilities (NDFPWD) - The Fund provides grants to Community and Self-Help Groups for Economic Empowerment or Revolving Fund Schemes. It also provides LPO financing to businesses run by persons with disabilities. Other areas of support include access to assistive devices and education scholarships.
Kenya National Commission on Human Rights – National human rights institution that advises and monitors government action on reduction of poverty, including the reduction of poverty among persons with disabilities.
National Gender and Equality Commission (NGEC) – NGEC has Disability and Elderly Programme that promotes mainstreaming of disability and issues of ageing in governance structures. This includes monitoring how effectively issues of equality and inclusion are being addressed at the national and local levels. Human rights violations and discrimination cases, such as the marginalisation of older persons and persons with disabilities and/or barriers to participation in society, are also addressed by the programme. The NGEC also coordinates state and non-state actors on disability issues to allow for meaningful participation and inclusivity of the disabled community
POVERTY REDUCTION/COUNTY
LEVEL PERSONS WITH DISABILITIES BOARDS
County Government Persons with Disabilities Boards – The boards guide county governments in inclusion of persons with disabilities in poverty alleviation programs and provision of services.
Meru County Persons with Disabilities Sacco – Established and partially funded by Meru County Government to support access to credit services to persons with disabilities in the county.
SOCIAL PROTECTION/NATIONAL LEVEL
The Kenya National Safety Net Programme (NSNP) - National Government Social Protection programme established in September 2013 to improve and enhance social protection delivery in the country. The programme’s components include;
1. Persons with Severe Disabilities Cash Transfer (PWSD-CT) - launched in June 2011, the program targets adults and children with severe disabilities, who require full time support of a caregiver. It seeks to enhance the capacities of care givers through cash transfers and as such, improve the livelihoods of persons with severe disabilities as well as reduce negative impact of disability on households.
2. Senior Citizens Cash Transfer Scheme (Inua Jamii) – Established in 2007 to provide regular and predictable cash transfer to poor and vulnerable older persons (65 years and above) in identified deserving households
3. Orphans and Vulnerable Children Cash Transfer Scheme –launched in 2004 to meet the needs of the country’s increasing number of children made vulnerable by poverty and HIV/AIDS
4. Hunger safety net – Established to reduce extreme hunger and vulnerability by delivering regular and unconditional cash transfers.
5. Urban Food Subsidy Programme _ Launched as a pilot in 2012 in Mombasa to help the poor urban households meet their basic food needs.
Free Maternity Programme (Linda Mama) - A public funded health scheme whose objective is to ensure that pregnant women and infants have access to quality and affordable health services.
National Hospital Insurance Fund (NHIF) – A state corporation that provides contributory health insurance for both employed and unemployed Kenyans.
National Social Security Fund (NSSF) - government agency responsible for the collection, safekeeping, responsible investment and distribution of retirement funds of employees in both the formal and informal sectors of the Kenyan Economy
Source of Data
https://vision2030.go.ke/publication/third-medium-term-plan-2018-2022/
http://ncpwd.go.ke/index.php/mainstreaming
https://agpo.go.ke/pages/about-agpo
https://ajiradigital.go.ke/about_ajira
https://www.msea.go.ke/about-msea/functions-of-the-authority
https://www.ngaaf.go.ke/index.php/about
https://www.uwezo.go.ke/
http://www.youthfund.go.ke/about-us/
https://www.wef.co.ke/index.php#
https://nfdk.or.ke/background/
https://www.knchr.org/Our-Work/Research-and-Compliance/Disability
https://www.ngeckenya.org/news/22/disability-and-elderly
http://kenyalaw.org/kl/index.php?id=10819
https://www.socialprotection.or.ke/social-protection-components/social-assistance/national-safety-net-program
http://www.nhif.or.ke/healthinsurance/lindamamaServices
http://www.nhif.or.ke/healthinsurance/Objectives
https://www.nssf.or.ke/about
Assessing your country's Accessibility standards
Rationale for rating
Assigned DPO: Kenyan Paraplegic Organization (KPO)
The legal framework exists with a number of laws and policies in place and others being amended to facilitate access to work and employment, grant physical access to public and private buildings and vehicles.
Although the policies are developed or being amended to comply with CRPD, the extent to which this is actualized or implemented is not fully documented thus posing a challenge where things might appear fancy or good on paper but may not be the same on the ground.
The major gap is need for monitoring reports evaluating how these provisions have been implemented.
Data
The legal framework that established that provides for the rights and rehabilitation of persons with disabilities; to achieve equalisation of opportunities for persons with disabilities and related purposes that will make PWDs realize their full potential. Specific articles in the act talk about accessibility and mobility (21), public buildings standards that makes buildings to be accessible (22), Public service vehicles and adjustment orders to building, vehicles so as to enhance accessibility (23-28). Persons with Disability Act 2003 also provides for disabled persons to perform their civic duties by being granted access to perform their civil rights
KIPPRA has also provided analysis of the gaps in the policies on disability
Part of (g) of The Persons with Disabilities (Amendment) Bill, 2019 prescribe minimum standards and guidelines to be adhered to by public transport vehicles, communication service companies and infrastructure developers to facilitate reasonable access by persons with disabilities to education and learning institutions, information shared by media houses, directs Counties to approve building plans, roads and other infrastructure that takes care of the needs of PWDs. More relevant and appropriate amendments made on the bills sections that deal with accessibility and mobility made on art 18, 19 and onwards
Source of Data
-Persons with Disabilities Act No. 14 of 2003
-Constitution of Kenya 2010
- The Persons with Disabilities (Amendment) Bill, 2019
-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
-https://www.education.go.ke/index.php/downloads/file/510-sector-policy-for-learners-and-trainees-with-disabilities
- SPECIAL ISSUE Kenya Gazette Supplement No. 5 (Senate Bills No. 1) KENYA GAZETTE SUPPLEMENT SENATE BILLS, 2019
-National Building Regulations January 2017
https://nca.go.ke/wp-content/uploads/2019/12/Building-Regulations-2017.pdf
-Article 9 Accessibility of the National Action plan
https://laboursp.go.ke/wp-content/uploads/2018/05/National-Action-Plan-FINAL-draft-from-printer.pdf
Assessing your country's measures to ensure access to an adequate standard of living and to social protection
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 measures to ensure access to an adequate standard of living and to social protection
Rationale for rating
Assigned DPO: VSION OF THE BLIND
We settled for established due to the fact that there are measures put in place together with a few training awareness raising programmes by the Kenyan government targeting mostly government ministries, departments & agencies: however, the awareness raising initiatives are not really directed towards PWDs.
Data
1. The Government is required by its own regulations to undertake information, education and communication, disseminate the provisions of the PWD's Act, 2003, and promote public awareness about the rights of persons with disabilities, through a comprehensive nation-wide education and information campaign conducted by the same Government through the relevant Ministries, departments, authorities and other agencies.
2. Additionally, the Government is also mandated by the same regulations to provide training, sensitization and awareness programs on the rights of persons with disabilities for community workers, social workers, media professionals, educators, decision makers, administrators and other concerned persons to enable them acquire skills for proper information, dissemination and education on the rights of persons with disabilities.
3. A Disability Mainstreaming department was established at the National Council for Persons with Disabilities to generally carry out measures for public information on the rights of persons with disabilities among other related issues in line with the Council's mandate.
4. Disability Mainstreaming forms part of the indicators in the Performance Contracts of all government ministries, departments & agencies in order to among other things, increase the level of awareness in all Ministries, State Corporations, County Governments, Learning Institutions and other Public Institutions.
5. Disability mainstreaming committees have been set up in respective ministries and one of the key activities they have implemented is conducting awareness training on persons with disabilities rights.
6. KNCHR report indicated that many persons with disabilities were not aware of their rights including the various legislations put in place to protect and promote their rights hence has urged the State to scale up awareness raising programs on the same.
7. On the same note, there are hardly any awareness creation activities by the Kenyan government aimed at educating the general public on the interventions it has undertaken in a bid to uplift the lives of Persons with Disabilities.
Source of Data
1. Persons with Disabilities act of 2003 section 7(1) (i), which mandates NCPWD to generally carry out measures for public information on the rights of persons with disabilities and the provisions of this act.
2. The Persons with Disabilities (Access to Employment, Services and Facilities) Regulations, 2009 which obligates the Kenyan government to undertake information, education and communication, disseminate the provisions of the PWD's Act, 2003, and promote public awareness about the rights of persons with disabilities, through a comprehensive nation-wide education and information campaign conducted by the Government through the relevant Ministries, departments, authorities and other agencies.
It further requires the Government to provide training, sensitization and awareness programs on the rights of persons with disabilities for community workers, social workers, media professionals, educators, decision makers, administrators and other concerned persons to enable them acquire skills for proper information, dissemination and education on the rights of persons with disabilities.
3. The National Disability Policy. It articulates the Kenyan government's commitment of mainstreaming disability issues in national development plans.
4. Public Service Commission Code of Practice on Mainstreaming Disability. It compels every public service entity to include in its public information, education communication strategy; a component on awareness on disability and employment.
5. Compendium on submissions to CRPD 2016 by KNCHR provides a detailed status report on the level of realization of PWDs Rights by the Kenyan Government in 2016.
6. Committee on the Rights of Persons with Disabilities available also provides a detailed status report on the level of realization of PWDs Rights by the Kenyan Government.
7. MINISTRY OF EAST AFRICAN COMMUNITY, LABOUR AND SOCIALPROTECTION 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 (MAY 2016).
8. http://ncpwd.go.ke/index.php/mainstreaming contains updated information on various disability mainstreaming programs
Assessing your country's measures to ensure access to an adequate standard of living and to social protection: Inclusive social protection eligibility programmes
Rationale for rating
Assigned DPO: TINADA Youth Organisation
The Constitution of Kenya has provisions for economic and social right, and it states that every person has the right to social security and the State shall provide appropriate social security to persons who are unable to support themselves and their dependents. Kenya has made changes in laws and policies to align with the CRPD and some of the relevant laws and policies on social protection include;
1. Persons with Disabilities Act, 2003, No. 14 of 2003
2. National Policy for Persons with Disabilities
3. National Social Protection Policy, 2011
4. The National Gender and Equality Commission Act, 2011
5. Social Assistance Act No, 24 of 2013
6. The National Social Security Fund Act, 2013
7. The Work Injury Benefits Act, 2007
8. Human Resource Policies and Procedures Manual for the Public Service May 2016
9. The Mental Health (Amendment) Bill, 2018
10. Kenya Community Health Policy (2020 – 2030)
According to the Kenya Social Protection Sector Review (2017) Social protection schemes for PWDs in Kenya are categorized under the following programmes;
• Social assistance (Cash Transfer for Persons with Severe Disabilities (PwSD-CT); Older Persons Cash Transfer Programme-OPCT);
• Contributory schemes (National Social Security Fund (NSSF), Mbao Pension Scheme, Private retirement schemes under the Retirement Benefits Authority); and
• Health insurance (National Health Insurance Fund (NHIF)
The reports also indicate that prevalence of disability is highest among older people therefore the scheme the older persons cash transfer is likely to support more persons with disability.
The government of the through the PWD Act has also established a Fund known as the National Development Fund for Persons with Disabilities.
In a press release by the CS during the launch of the Social Protection Sector Review II at the Intercontinental Hotel, Nairobi on Friday, October 11, 2019.
The LABOUR and Social Protection Cabinet Secretary Ukur Yatani stated that beneficiaries under the Persons with Severe Disabilities Cash Transfer have increased coverage from 14,700 to 47,000 households over the same period. Further the CS stated that to remain on the right trajectory of reforms in the Social Protection Sector. He announced collating of adequate data on Persons with Disability (and on issues of disability) to facilitate proper planning as one of the key areas that the Ministry will tackle going forward.
The Kenya Economic survey 2020 indicates that the allocation and disbursement of funds for PWSD by the national government is expected to decrease from Ksh.721.8 million in 2018/19 to KSh.408.2 million in 2019/20. The number of male caregivers is expected to decrease by 20.4 per cent from 42,851 in 2018/19 to 34,094 in 2019/20. The total number of male and female caregivers is expected to reduce from 34,268 and 8,583 in 2018/19 to 27,265 and 6,829 in 2019/20, respectively. The decrease could be attributed to attrition and migration of payment to the beneficiaries from card-based payment system to bank account-based system, which resulted in some beneficiaries having challenges in opening the accounts. Male caregiver’s beneficiaries are expected to account for 80.0 per cent of the total caregivers in 2019/20. The high percentage of male caregivers is as a result of the heads of households being registered as caregivers.
Against this backdrop, it can be deduced that the government has a social protection system in place that provides a basic level and income security and access to basic services aimed at reducing poverty for persons with disabilities. However, there is low coverage of the schemes therefore not making it effective and efficient.
According to the memorandum submitted to the National Steering Committee on Implementation of the Building Bridges Initiative taskforce report prepared by Caucus on Disability Rights Advocacy (CDRA) and United Disabled Persons of Kenya (UDPK) February 2020. The memo denotes that Social Protection has been instituted where persons with severe disabilities are enrolled for cash transfer programmes at household level. However, defining severe disability has been in itself a problem and targeting has at times been very discriminative.
The caucus recommended that social protection and thus cash transfer programme be extended to all persons with disabilities who do not have any other means of income at individual level and this should be extended also to caregivers who cannot work as their care giving services are required 24 hours. Further, one of the recommendations of the social sector review report is Government should aim to improve the availability of data on the coverage of vulnerable groups defined in the Constitution (children, older people, persons with disabilities, women, and other marginalized groups). Data in monitoring reports should be disaggregated more systematically by age, sex, geographic location, and another social demographic stratifies
References
i. Kenya National Bureau of Statistics. Economic Survey (2020). Retrieved from
https://s3-eu-west-1.amazonaws.com/s3.sourceafrica.net/documents/119905/KNBS-Economic-Survey-2020.pdf
ii. https://www.udpkenya.or.ke/wp-content/uploads/2020/04/Final-Copy-CDRA-UDPK-MEMO-to-National-Steering-Committee-on-Implementation-of-BBI-Task-Force-for-circulation-2.pdf
iii. MINISTRY OF EDUCATION. Kenya Social Protection Sector Review 2017 http://www.socialprotection.or.ke/images/downloads/KENYA-SOCIAL-PROTECTION-SECTOR-REVIEW/Kenya%20Social%20Protection%20Sep%204.pdf
iv. http://www.socialprotection.go.ke/wp-content/uploads/2019/10/PRESS-RELEASE-DURING-THE-SOCIAL-PROTECTION-SECTOR-REVIEW-LAUNCH-ON-11TH-OCTOBER-2019.pdf
Data
According to the Constitution of Kenya 2010 every person has the right to social security. The State shall provide appropriate social security to persons who are unable to support themselves and their dependents.
The 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 was spearheaded by the then Ministry of East African Community, Labour and Social Protection (MEACL & SP), whose functions include disability matters.
The Plan of Action identifies and concretizes 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.
The PWD Act, 2003 states that persons with disabilities may be exempted from income tax, import duty, value added tax, demurrage charges, import charges and any other government levy which would in any way increase their cost to the disadvantage of persons with disabilities.
Social protection and support have been identified as a policy thematic area in The National Policy for Persons with Disabilities. Therefore, in order to address the challenges, the government has identified critical areas, objectives and strategies.
The National Social Protection Policy (NSPP) was developed with the aim of ensuring that all Kenyans are able to live in dignity despite the various shocks and risks they may face over their lifetime. The policy includes benefits for persons with disabilities
The policy specifically outlines social protection as “policies and actions, including legislative measures, that enhance the capacity of and opportunities for the poor and vulnerable to improve and sustain their lives, livelihoods, and welfare, that enable income-earners and their dependant to maintain a reasonable level of income through decent work, and that ensure access to affordable healthcare, social security, and social assistance”.
The policy presents the state’s plans to align its actions with the international Social Protection Floor initiative which guarantees a universal minimum package of social transfers and services within a lifecycle approach to social protection.
National Gender and Inequality Commission (NGEC) was established by an Act of Parliament in 2011 and one of the functions of the commission is to ensure compliance with all treaties and conventions ratified by Kenya relating to issues of equality and freedom from discrimination and relating to special interest groups including minorities and marginalized persons, women, persons with disabilities, and
children.
According to the 2014 report by KNCHR every person has a right to social security. The government commendably has established a social protection system for persons with disabilities through the Cash Transfer Programme. The beneficiaries of the scheme have gradually increased in the past financial years to the current number being 94 persons with severe disabilities per constituency. The government also enacted the Social Assistance Act No, 24 of 2013 which provide that a person with disability is entitled to social assistance. The government has established two funds: National Development Fund for the Disabled and National Fund for the Disabled, which are aimed at improving livelihood of persons with disabilities
According to the Social Assistance Act 2013 Persons with disabilities shall be eligible for social assistance
According to the NSSF Act, 2013 a member of the fund shall be entitled to invalidity benefits and invalidity pension if he suffers such physical or mental disability of a permanent total incapacity
The Cash Transfer for Persons with Severe Disabilities (PWSD). PWSD is a national programme that covers beneficiaries in all the counties. Objectives of the program; To strengthen the capacities of parents and children with disabilities;
Improve the livelihoods of parents and children with disabilities; Alleviate integrated poverty among parents and children with disabilities.
According to the Work Injury Benefits Act, 2007 an employer shall cover any expenses reasonably incurred by an employee as the result of an accident in the course of the employers employment in respect to supply, maintenance, repair and replacement of artificial limbs, crutches, and other appliances and apparatus used by persons who are physically disabled.
The Human Resource Policies and Procedures Manual for the Public Service, 2016 outlines that the public service will receive payable under the Group Personal Accident scheme and Workers Injury Benefit Act
According to the Mental Health (Amendment) Bill, 2018 A Bill for AN ACT of Parliament to amend the Mental Health Act, 1989; and for connected purposes. The Section on obligation of the County governments states that the County governments shall provide adequate resources to ensure a person with mental illness lives a dignified and life outside the mental health facility by financing efforts towards reintegrating the person into the community
According to the Kenya Community Health Policy (2020 –2030) community health personnel shall advocate or promote special devices that allow PLWD to live a dignified and productive life
PWDs candidates decide trainings and courses based on their own assessment of abilities. Thru the application form for students with disabilities, they are independently allowed to assess the programmes they qualify for.
Source of Data
Source
The Constitution of Kenya (2010). Retrieved from http://extwprlegs1.fao.org/docs/pdf/ken127322.pdf
Section 43 (1)
Section 43 (3)
Ministry of East African Community, Labour and Social Protection (2016). National Plan of Action on Implementation of Recommendations made by the Committee on the Rights of Persons with Disabilities. Retrieved from https://laboursp.go.ke/wp-content/uploads/2018/05/National-Action-Plan-FINAL-draft-from-printer.pdf
Article 28 – adequate standard of living and social protection
Persons with Disabilities Act (2003). Retrieved from http://ncpwd.go.ke/index.php/downloads/persons-with-disabilities-act?download=3:persons-with-disabilities-act
Section 35, 36
National Policy for Persons with Disabilities
Chapter Two: The Policy Framework
2.11 Social Protection and Support
National Social Protection Policy (2011). Retrieved from https://www.socialprotection.or.ke/images/downloads/kenya-national-social-protection-policy.pdf
The National Gender and Equality Commission Act (2011). Retrieved fromhttp://extwprlegs1.fao.org/docs/pdf/ken128411.pdf
Section 8 (c)
Kenya National Commission on Human Rights (KNCHR)
JULY (2014) Status Report on Implementation of The Rights of Persons with Disabilities in Kenya From Norm to Practice
Chapter Three: Presentation of Findings
3.7 Adequate Standard of Living and Social Protection
3.7.1 The Cash Transfer programme in Kenya
http://knchr.org/Portals/0/Reports/Disability%20Report.pdf
Social Assistance Act No, 24 of 2013
Section 23 (1)
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/97356/115476/F1496882450/KEN97356.pdf
The National Social Security Fund Act, 2013
Section 38 (1) (a)
Section 44 (b)
http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/NationalSocialSecurityFundAct2013.pdf
National Safety Net Program
Cash Transfer for Persons with Severe Disabilities (PWSD-CT)
https://www.socialprotection.or.ke/social-protection-components/social-assistance/national-safety-net-program/cash-transfer-for-persons-with-severe-disabilities-pwsd-ct
http://ncpwd.go.ke/index.php/cash-transfer-for-pwds
The Work Injury Benefits Act, 2007
Section 47 (e)
http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/WorkInjuryBenefitsAct_Cap236No13of2007.pdf
Human Resource Policies and Procedures Manual for the Public Service May 2016
https://www.publicservice.go.ke/images/guidlines/PSC_HR_POLICIES_MAY_2016.pdf
Group Personal Accident Policy F.17(7)
The Mental Health (Amendment) Bill, 2018
Section 2D (i)
http://www.parliament.go.ke/sites/default/files/2018-12/Mental%20Health%20%28Amendment%29%20Bill%2C%202018.pdf
Kenya Community Health Policy
(2020 – 2030). Retrieved from https://www.health.go.ke/wp-content/uploads/2020/07/Kenya-Community-Health-Policy-Signed.pdf
https://www.kuccps.net/sites/default/files/STUDENT_WITH_DISABILITIES.pdf
Assessing your country's measures to ensure access to an adequate standard of living and to social protection: Inclusive social protection floors
Rationale for rating
Kisumu County Specific laws, policies and programmes*
The legal provisions are in place to provide and ensure social protection. Though the Act is in place, it is difficult to come across documentations on its implementations and effectiveness.
Recognized as the first county to ratify the Disability Act of 2016 - this was officially recognized by key PDOs such as International Disability Alliance (IDA), and the United Committee of Experts Existence of a County Special Delivery Unit (SDU) that oversees the implementation of the Act in line it with the UNCRPD.
PWD Farmer recognized in the 2017 County best farmers award
KNCHR report on 2016 indicates the existence of PWDs unit in the Kisumu County Government Hospital - however it notes that this unit sometimes is in a deplorable state with inhuman conditions The National Council for PWDs through GoK. funding has been able to provide assistive devices and services, and finance LPOs from disability-focused organizations
Data
The Kisumu county women, youth and people living with disabilities (PWDs) fund act, 2015
Source of Data
http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/KisumuCountyWomenYouthandPeopleLivingwithDisabilitiesFundAct2015.pdf
https://businesstoday.co.ke/kisumu-county-feted-for-enacting-law-on-disability/
http://www.knchr.org/Portals/0/InternationalObligationsReports/CRPD%20REPORT%20A4.pdf?ver=2016-08
Assessing your country's meaningful consultation with persons with disabilities on poverty reduction and social protection
Rationale for rating
Assigned DPO: KUB (Kenya Union of the Blind)
Available literature shows Kenya has made progress in ensuring that persons with disabilities, in particular women and girls and older persons have access to social protection and poverty reduction programs.
The national poverty reduction and social protection plans, policies and systems have also mainstreamed disability from planning to monitoring.
Data
POVERTY REDUCTION/NATIONAL LEVEL
Medium Term Programme (MTP) III of Vision 2030 - The government, through this Plan, has adopted a dual approach of mainstreaming disability services as well as providing some services on the basis of affirmative action.
Disability Mainstreaming Program - A program under the National Council for Persons with Disabilities (NCPWD) whose mandate is to facilitate Disability Mainstreaming Programmes in Public and Private Sector. The objective of the program is to promote Government Institutions to embrace the Principle of Universal Design, Reasonable Accommodation, and setting up an atmosphere that accelerates meeting the needs and aspirations of persons with disabilities
Access to Government Procurement Opportunities (AGPO) - established under the Ministry of Finance following a Presidential Directive in 2013 to allow 30 per cent of Government procurement opportunities be set aside for the youth, women and persons with disability without competition from established firms.
Ajira Digital - Is an initiative under the Ministry of ICT is aimed at introducing young people including youths with disabilities in Kenya to online work and provide the tools, training and mentorship needed for young people to work and earn an income through online work.
Micro and Small Enterprises Authority (MSEA) – Established through the Micro and Small Enterprises Act 2012), the authority is charged with the mandate of promoting the mainstreaming of youth, gender and persons with disabilities in all micro and small enterprises activities and program
National Government Affirmative Action Fund (NGAAF) - The Fund’s mandate is to address the plight of vulnerable groups by reducing poverty and inequality through enhanced access to financial facilities for socio-economic empowerment among women, youth, Persons with Disabilities, needy children and elderly persons in the country
UWEZO Fund – a program under the Ministry of Public Service, Youth and Gender affairs aimed at enabling women, youth and persons with disability access finances to promote businesses and enterprise development. It provides mentorship opportunities to enable the beneficiaries take advantage of the 30% government procurement preference (AGPO) through its capacity building programme.
Youth Enterprise Development Fund (YEDF) - The fund seeks to create employment opportunities for young people including youths with disabilities through entrepreneurship.
Women Enterprise Development Fund (WEF) - The focus of the Fund is to provide accessible and affordable credit to support women start or expand businesses for wealth and employment creation
National Fund for the Disabled of Kenya (NFDK) – Established under the Perpetual Succession Act, the fund promotes income generating activities and access to assistive devices by persons with disabilities.
National Development Fund for Persons with Disabilities (NDFPWD) - The Fund provides grants to Community and Self-Help Groups for Economic Empowerment or Revolving Fund Schemes. It also provides LPO financing to businesses run by persons with disabilities. Other areas of support include access to assistive devices and education scholarships.
Kenya National Commission on Human Rights – National human rights institution that advises and monitors government action on reduction of poverty, including the reduction of poverty among persons with disabilities.
National Gender and Equality Commission (NGEC) – NGEC has Disability and Elderly Programme that promotes mainstreaming of disability and issues of ageing in governance structures. This includes monitoring how effectively issues of equality and inclusion are being addressed at the national and local levels. Human rights violations and discrimination cases, such as the marginalisation of older persons and persons with disabilities and/or barriers to participation in society, are also addressed by the programme. The NGEC also coordinates state and non-state actors on disability issues to allow for meaningful participation and inclusivity of the disabled community
POVERTY REDUCTION/COUNTY
LEVEL PERSONS WITH DISABILITIES BOARDS
County Government Persons with Disabilities Boards – The boards guide county governments in inclusion of persons with disabilities in poverty alleviation programs and provision of services.
Meru County Persons with Disabilities Sacco – Established and partially funded by Meru County Government to support access to credit services to persons with disabilities in the county.
SOCIAL PROTECTION/NATIONAL LEVEL
The Kenya National Safety Net Programme (NSNP) - National Government Social Protection programme established in September 2013 to improve and enhance social protection delivery in the country. The programme’s components include;
1. Persons with Severe Disabilities Cash Transfer (PWSD-CT) - launched in June 2011, the program targets adults and children with severe disabilities, who require full time support of a caregiver. It seeks to enhance the capacities of care givers through cash transfers and as such, improve the livelihoods of persons with severe disabilities as well as reduce negative impact of disability on households.
2. Senior Citizens Cash Transfer Scheme (Inua Jamii) – Established in 2007 to provide regular and predictable cash transfer to poor and vulnerable older persons (65 years and above) in identified deserving households
3. Orphans and Vulnerable Children Cash Transfer Scheme –launched in 2004 to meet the needs of the country’s increasing number of children made vulnerable by poverty and HIV/AIDS
4. Hunger safety net – Established to reduce extreme hunger and vulnerability by delivering regular and unconditional cash transfers.
5. Urban Food Subsidy Programme _ Launched as a pilot in 2012 in Mombasa to help the poor urban households meet their basic food needs.
Free Maternity Programme (Linda Mama) - A public funded health scheme whose objective is to ensure that pregnant women and infants have access to quality and affordable health services.
National Hospital Insurance Fund (NHIF) – A state corporation that provides contributory health insurance for both employed and unemployed Kenyans.
National Social Security Fund (NSSF) - government agency responsible for the collection, safekeeping, responsible investment and distribution of retirement funds of employees in both the formal and informal sectors of the Kenyan Economy
Source of Data
https://vision2030.go.ke/publication/third-medium-term-plan-2018-2022/
http://ncpwd.go.ke/index.php/mainstreaming
https://agpo.go.ke/pages/about-agpo
https://ajiradigital.go.ke/about_ajira
https://www.msea.go.ke/about-msea/functions-of-the-authority
https://www.ngaaf.go.ke/index.php/about
https://www.uwezo.go.ke/
http://www.youthfund.go.ke/about-us/
https://www.wef.co.ke/index.php#
https://nfdk.or.ke/background/
https://www.knchr.org/Our-Work/Research-and-Compliance/Disability
https://www.ngeckenya.org/news/22/disability-and-elderly
http://kenyalaw.org/kl/index.php?id=10819
https://www.socialprotection.or.ke/social-protection-components/social-assistance/national-safety-net-program
http://www.nhif.or.ke/healthinsurance/lindamamaServices
http://www.nhif.or.ke/healthinsurance/Objectives
https://www.nssf.or.ke/about
Assessing your country's cross-ministerial 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: Targeting the 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.
This policy has never been ratified which indicates a gap between legislation and implementation.
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
The Kenya National Protection Policy June 2011: For the purposes of this Policy, social protection is defined as policies and actions.