According to the constitution, Part 3 – Specific application of rights of persons with disability have in Clause 54 the following rights
Rights Of Persons with Disabilities
- (1) A person with any disability is entitled––
(a) to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;
(b) 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;
(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.
Affirmative Action to Enforcing the Rights of Persons with Disability
(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.
- The State shall take measures, including affirmative action programmes, to ensure that the youth—Persons with disabilities,
Youth, Minorities and marginalised groups, Older members of society have
(a) access relevant education and training;
(b) Have opportunities to associate, be represented and participate in political, social, economic and other spheres of life;
(c) access employment; and
(d) are protected from harmful cultural practices and
- The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups—
(a) participate and are represented in governance and other spheres of life;
(b) are provided special opportunities in educational and economic fields;
(c) are provided special opportunities for access to employment;
(d) develop their cultural values, languages and practices; and
(e) have reasonable access to water, health services and infrastructure.
Borrowed from the World Intellectual Property Organization Website article on the Kenyan Constitution.
Are we enforcing the rights of persons with disability?
We are not actually implementing the constitution when it comes to these issues. We need to push the government to implement the constitution when it comes to the rights of persons with disability.