1. PRESENTATION BY MINISTRTY OF LABOUR WEDNESDAY 27TH JUNE, 2012
WE NEED  EMPLOYMENT: LEVELLING THE JOB MARKET TO ENSURE ACCESS TO PERSONS WITH DISABILITIES
PRESENTATION BY MINISTRTY OF LABOUR
WEDNESDAY 27TH JUNE, 2012

2. WHAT IS DISABILITY
Impairment
Physical, Intellectual, mental or sensory characteristic or condition which places limitations on an individual's personal or social functioning.
Disability
Disadvantage and exclusion experienced by people who have impairments resulting from social and environmental barriers they face.   

3. DISABILITY MAINSTREAMING
  It is a strategy for making the concerns and experiences of persons with disabilities an integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that PWDs have the same access to all opportunities as persons without disabilities.

4. PROGRESS IN MAINSTREAMING DISABILITY ISSUES
Legal and Regulatory Framework
Chapter four of the constitution of Kenya is on the Bill of Rights. It has recognized the rights of persons with Disability to dignity and respect like other Kenyans and also to be provided with opportunities to access al education, transport and information like others.
The state is determined to ensure these and hence the enactment of the Persons With Disabilities Act No. 14 of 2003.
The Laws that deal with Labour and Employment are not discriminative. They define a worker as a person who enters into a contract to perform a certain task for an agreed amount of pay.
The Ministry has set up a Disability Mainstreaming Committee consisting of a Liaison officer, departmental representatives under the chairmanship of a senior administrator
A disability strategy plan has been developed and is in place
A disability mainstreaming policy document in the workplace has also been developed and there are plans to post it on the ministry’s website for greater access by Ministry staff and the greater public.

5. PROGRESS IN MAINSTREAMING DISABILITY ISSUES CONT’D
Staff in various parts of the country have been sensitized on disability mainstreaming
A baseline survey on the number of staff with disabilities has been carried out and there is a database on the same
The Ministry has ensured that all affected staff have applied for income tax exemption and arising from their exemption certificates the HR department has implemented the exemption. 
The Ministry headquarters has provided ramps and lifts in the buildings and has special parking slots for the disabled.
The Ministry is liaising with other relevant ministries and government departments to come up with strategies to bridge the gap on communication as well adaptation of public service vehicles to make them suitable for use for people with disabilities.

6. PUBLIC RESPONSE ON ADJUSTMENT ORDERS AND TAX EXEMPTION
There should be strict enforcement of the adjustment orders on buildings including issues like slippery floors and public toilets to be disability friendly
The process for persons with disability to get registration with the Council and to benefits such as obtaining income tax exemption is lengthy and cumbersome especially for those in the rural areas.

7. GAPS AND CHALLENGES
BUDGETARY CONSTRAINTS: There is need for a line item budget for disability issues to implement the recommended disability activities effectively
ENFORCEMENT: There is need for the NCPWD to actively enforce some articles in the act e.g. adjustment orders on public buildings and public service vehicles to be in line with the requirements of the new constitution. 

8. GAPS AND CHALLENGES CONT’D
There is need to encourage more practical, on the ground execution of the orders and less reliance on workshops and conferences  where participants do not have powers of execution
The Council needs to work in cooperation with other authorities and agencies e.g. Ministries of Public Works, Transport, Health and Communication Commission of Kenya to enforce the Act.

9. MONITORING PROGRESS
The Council should set up a strong Monitoring and Evaluation Unit with clear terms of reference
There is need for the Council to establish regional offices in the counties to implement provisions of the Act.