1. COUNTRY POSITION PAPER DURING THE SECOND EAST AFRICAN COMMUNITY CONFERENCE ON PERSONS WITH DISABILITIES, NAIROBI, KENYA 19 TH – 20 TH JUNE 2014 THEME: “EMPOWERMWENT: THE DISABILITY CONCERN IN THE EAC REGIONAL INTEGRATION AGENDA”

2. NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - KENYA

3.  Kenya is located in East Africa and has a population of approximately 40 million. Two thirds of the population lives in rural areas, a third lives in urban areas.  The National census of 2009 puts the population of Persons with Disabilities at 1,330,312 that is 3.5% of the total population.

4.  The Government of Kenya recognizes that disability cuts across all sectors of development and should be an integral part of all national planning. It is in this regard that the government has incorporated disability issues into its policies and programmes.

5.  Following the promulgation of Constitution of Kenya in 2010, the UNCRPD now applies domestically by virtue of Article 2(6) which provides that any Convention or Treaty ratified by State becomes part of the laws of Kenya.  The Constitution has an expansive Bill of Rights which safeguards rights of PWDs.

6.  It provides for representation in elective and appointive bodies, and opportunities in education and economic fields and access to employment.  It reserves special seats for PWDs at the Senate, National assembly and County Assemblies. The Constitution also provides for affirmative action and policies designed to redress any historical injustice experienced by individuals or groups of people because of past discrimination due to disability.

7.  On Institutional framework, the Government of Kenya has designated different government agencies to ensure implementation and monitoring of the CRPD. These include: -the Ministry of Labour, Social Security and Services. -National Council for Persons with Disabilities (NCPWD). -Kenya National Commission on Human Rights. -National Commission on Gender and Equality.

8. The National Council for Person with Disabilities is charged with the responsibility of:  Formulating and developing measures and policies designed to among others, achieve equal opportunities for Persons with Disabilities.  Working closely with the Government during the national census to ensure that accurate figures of persons with disabilities are obtained in the country, for purposes of planning,  Advising on the provisions of any international treaty or agreement relating to the welfare or rehabilitation of Persons with Disabilities and its benefits to the country.

9. The National Council for Persons with Disabilities manages a targeted fund for Persons with Disabilities, that is, the National Development Fund for Persons with Disabilities. Through this fund the Council has been able to achieve the following: i.Creation and implementation of the Persons with Albinism sunscreen lotion programme, where over 2500 persons with albinism are supplied with sunscreen lotion through public health facilities to protect themselves from the dangers of the hot sun and its consequences including skin cancer. ii.Economic empowerment for PWDs Self Help Groups to reduce poverty levels among PWDs where 461 such groups have been supported.

10. iii.Assistive & supportive devices and services (mobility, hearing aids, braillers) where 14,157 PWDs have been provided with the devices and services. iv.Seventy one (71) National organisations and learning institutions including public Universities have been supported with infrastructure and equipment to improve enrolment capacity and learning environment for PWDs v.One thousand, one hundred and thirty eight (1,138) PWDs have been provided with education support programme to enhance their literacy and skill levels vi.Two hundred and seventy (270) PWD groups have been trained in entrepreneurship skills to strengthen their capacity to ensure success levels of their enterprises

11. vi.Seventy two (72) workers offering essential services in Kenya including Nurses, Police and Social workers have been trained in Sign language to enable communication with deaf patients viii.The Government together with National Council for Persons with Disabilities (NCPWD) runs the Cash Transfer Programme for persons with disabilities. The Cash Transfer Programme is a social protection programme aimed at improving the livelihoods of Persons with Severe Disabilities. So far the programme has been rolled out to a total of 27,200 beneficiaries countrywide in current financial year

12. ix.NCPWD has developed a database to record the skills of persons with disabilities to try and match them to the job market and continually update the same. Funds have also been set up to enable PWDs to engage in business and also benefit on academic scholarships which enables PWDs to access education and acquire necessary knowledge and skills so as to make them competitive in the job market. x.Further, the Government of Kenya has continuously supported the Paralympics which are a great opportunity for persons with disabilities to show case their talent in sports. xi.Finally, on data and statistics, the government through NCPWD registers PWDs in Kenya.

13.  The National Fund for the Disabled of Kenya, a Presidential Scheme provides Persons with Disabilities with the equipment to set up their own businesses.  The Government, through the Kenya Revenue Authority, has extended taxation waivers for employers who engage the services of PWDs in a bid to encourage private sector players to take on employees with disabilities.  Persons with disabilities are exempted from paying income tax up to an income of Kshs. 150,000 per month and are also exempted from paying duty on motor vehicles for use by persons with disabilities to ease their mobility.

14.  The Government of Kenya has introduced Disability Mainstreaming in all public service offices as part of Performance Contracting where all public offices are expected to mainstream disability. This includes ensuring that organizations implement the 5% threshold of employing PWDs, accessibility, building capacity of staffs on disability rights, and develop a Workplace Policy on Disability in their institutions.

15.  The Government has instituted review process to realign national laws and policies with the CRPD. These include: -the Basic Education Act 2013 that provides that every person with disability has a right to education; -the Social Assistance Act 2013 which recognizes persons with disabilities as beneficiaries of social protection; -and the Election Act 2011 which provides for guideline on participation of PWDs in elections. - -The Government is also in the process of reviewing the Persons with Disabilities Act 2003 through the proposed Persons with Disability Amendment Bill 2014. When enacted, the proposed law will be in conformity with CRPD and the Constitution of Kenya.

16.  With regard to policies, a number of policies have been put in place while others are still in draft. These include: -the Kenya National Social Protection Policy 2011, -the National Special Needs Education Policy Framework 2008 -and the Draft National Disability policy 2012.

17.  The Government together with stakeholders has prepared a draft work-plan which outlines measures of ensuring implementation of Articles 8, 9, 12, 24, 27, 29 and 31 of the CRPD.

18.  In conclusion, Kenya has made positive strides in operationalization of Article 33 of the CRPD.  Kenya has established strong and vibrant organizations to oversee the implementation and monitoring of the Convention.  Embracing of participatory and inclusive approach has been an avenue of engaging with all relevant stakeholders hence a fairly successful period in implementation and monitoring of the CRPD since Kenya’s ratification in 2008.  However, there is need for the government to increase resource allocation to support on-going initiatives on implementation and monitoring of the CRPD.

19. THANK YOU