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"id": 1393041,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1393041/?format=api",
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"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 13328,
"legal_name": "Jeremiah Omboko Milemba",
"slug": "jeremiah-omboko-milemba"
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"content": " Hon. Shakeel Shabir."
},
{
"id": 1393042,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1393042/?format=api",
"text_counter": 211,
"type": "speech",
"speaker_name": "Kisumu East, Independent",
"speaker_title": "Hon. Shakeel Shabbir",
"speaker": {
"id": 140,
"legal_name": "Ahmed Shakeel Shabbir Ahmed",
"slug": "shakeel-shabbir"
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"content": " Hon. Temporary Speaker, thank you very much. I support the Report in the way the Committee has presented it. However, I have some concerns on the language used in the recommendations. The Constitution is very clear. It says 5 per cent of all employment in all public institutions must be the absolute minimum for persons with disabilities. The Committee carried out an inquiry whose main objective was to assess the ethnic and diversity representation within public institutions, specifically by PWDs. They noted that 2.1 per cent of the institutions they inquired about did not comply, but not all of the institutions. By now, I would have inquired for a list of all public institutions that have not met the 5 per cent threshold. That is an offence. The Committee says that public institutions should review their human resource policies within three months. They should not. They must. They recommend that within six months, the National Council for Persons with Disabilities (NCPWD) should initiate amendment to the Persons with Disabilities Act. I agree. Within six months, public institutions should formulate and put into effect comprehensive disability mainstreaming policies. They should not. That is why I disagree with the Report in its recommendations with the usage of the word should. The word should be replaced with “must”. It is a great Report to which a lot The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1393043,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1393043/?format=api",
"text_counter": 212,
"type": "speech",
"speaker_name": "Kisumu East, Independent",
"speaker_title": "Hon. Shakeel Shabbir",
"speaker": {
"id": 140,
"legal_name": "Ahmed Shakeel Shabbir Ahmed",
"slug": "shakeel-shabbir"
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"content": "of work has been put in, but the only point I do not agree with is that this is economic injustice to PWDs. It is an economic injustice if they are not being given their right of a minimum of 5 per cent in employment. This Report must be firmer in its recommendations. Equality and equity are not the same. Equity demands a minimum of 5 per cent; equality has a difference. There is also something else that I have seen. That we do not, as Members of Parliament, give enough support to people with disabilities in our constituencies. Our constituencies should also be audited. A report should be submitted by our constituencies informing this House how many Persons with Disabilities (PWDs) we have employed. Finally, there is another association for PWDs who are funded directly from the Office of the President. The National Council for Persons with Disabilities (NCPWD) is funded from the budget. The National Fund for the Disabled of Kenya (NFDK) is headed by a great lady, Ms. Kristina Pratt. It has much more money than NCPWD. Those two institutions must be amalgamated because they are doing the same thing. They should be put together and have a joint approach. Thank you, Hon. Temporary Speaker."
},
{
"id": 1393044,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1393044/?format=api",
"text_counter": 213,
"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 13328,
"legal_name": "Jeremiah Omboko Milemba",
"slug": "jeremiah-omboko-milemba"
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"content": " Hon. Maina Mathenge."
},
{
"id": 1393045,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1393045/?format=api",
"text_counter": 214,
"type": "speech",
"speaker_name": "Nyeri Town, UDA",
"speaker_title": "Hon. Duncan Mathenge",
"speaker": null,
"content": " Hon. Temporary Speaker, thank you very much for giving me the opportunity to contribute to this Motion. I am a member of the Select Committee on National Cohesion and Equal Opportunity. One of the realisations that this Committee came to is that it is not sufficient for the Constitution to provide for rights of Kenyans for them to enjoy them. Going by the inquiry and contact we have with Semi-Autonomous Government Agencies (SAGAs) and ministries, including the Public Service Commission (PSC), it is a sad state of affairs, in terms of how we treat PWDs, when it comes to employment opportunities. If this Report had been more inclusive in terms of access to 30 per cent reservation of Government procurement opportunities to women, youths and PWDs, then we would see how unfair and unjust we, as a nation, are. In a Report by PSC which was published in 2014 across the entire nation, employment of PWDs was less than 1 per cent. At this point in time, 10 years down the line and 14 years of implementing the Constitution 2010, we have only 1.1 per cent increase. If we extrapolate this Report, at this rate, it will take us close to 50 years for PWDs to realise their allocation of 5 per cent. This is untenable. In an attempt to address the issue of PWDs, most of the SAGAs only go as far as having a disability mainstreaming committee within the institution. However, they have little tangible actions to show. Violation of our Constitution must have consequences. I urge this House to go a step further and recommend that the violation of the rights of PWDs by public and state officers should be classified as a gross violation of the Constitution, with the potential of dismissing Chief Executive Officers (CEOs) on account of denying them employment opportunities. When we look at training opportunities for skills for PWDs, it is a national shame. We visited one institution that I believe is the only dedicated one for offering secondary education to PWDs. They have a gym that has nothing other than the walls. They rely on companies that have Corporate Social Responsibilities (CSR) because we have not dedicated funding for those programmes. The teachers who are trained in special needs education are frustrated, in terms of promotions, when Teachers Service Commission (TSC) promotes teachers. As a nation, we must take reasonable actions towards disability mainstreaming and undertake deliberate affirmative action in assisting our brothers and sisters who are in that state. Finally, the medical care for PWDs sometimes requires supplements that are very costly. It is necessary for this House to consider exempting them from tax. I thank you, Hon. Temporary Speaker. I support the Motion."
},
{
"id": 1393046,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1393046/?format=api",
"text_counter": 215,
"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 13328,
"legal_name": "Jeremiah Omboko Milemba",
"slug": "jeremiah-omboko-milemba"
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"content": " Hon. Millie Odhiambo. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1393047,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1393047/?format=api",
"text_counter": 216,
"type": "speech",
"speaker_name": "Suba North, ODM",
"speaker_title": "Hon. Millie Odhiambo-Mabona",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I wish to congratulate and thank the Committee for bringing this Report. As a person who has worked on the issues of equality, equity and inclusion over the years, the Report of the Committee is timely. The challenge in Kenya is not lack of a legislative framework, but on implementation. The Constitution is very clear, as it is indicated in the Committee’s Report. It is just a question of compliance to Article 54(2) of the Constitution. It is very clear on the percentage of PWDs who should be employed in Government entities. Because of our entrenched culture of impunity, we pass laws for the sake of doing it. Because of that, we are not committed to ensure that we give effect to the laws that we pass. I challenge the Select Committee on Implementation. Other than the reports that are brought by the specific committees, they should also follow up and ensure that when we pass laws, they are implemented. It is not only this one. We also passed the Victim Protection Act, which is an excellent piece of legislation. However, we have refused to operationalise it. As a country, the challenge we have is the culture of impunity and failure to implement laws. I do not want to say much about PWDs because all of us know the challenges that they go through. I challenge the Committee that beyond the numbers of people who are not employed according to the Constitution, they should do an audit of public infrastructure and how friendly it is to PWDs. We also need to be very clear and have disaggregated data on the kinds of disabilities and how widespread they are, even by gender. Women with disabilities face even greater challenges than men with disabilities. I will give an example of a family in my constituency, Mbita Point area around Milimani, of a woman whose husband has a disability. She has 5 children with severe disabilities. I do not want to call them children because they are adults now. The persons with severe disabilities are raped, they have children and nobody takes care of them. I challenge the Committee to recommend to the Government to set up an institution that can fully take care of cases of severe disabilities. When you leave an individual to take care of a person with severe disabilities, then you affect his or her mental health. Recently, many of us saw a young lady who went viral because she was complaining that she has a mother who suffers from schizophrenia and a brother who has severe disability. She has to take care of her mother who has a mental challenge and her brother. That lady appealed for help and she said that she was at a point where she was about to commit suicide. Why should she commit suicide when, as a country, we can set aside resources to help in such situations. I want to encourage the Committee to explore the institutionalisation that is covered by the Government for persons with severe disability and for persons that have lasting mental challenges. There is too much strain on their caregivers."
},
{
"id": 1393048,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1393048/?format=api",
"text_counter": 217,
"type": "speech",
"speaker_name": "Suba North, ODM",
"speaker_title": "Hon. Millie Odhiambo-Mabona",
"speaker": null,
"content": "My time is up. I want to thank the Committee for the good Report."
},
{
"id": 1393049,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1393049/?format=api",
"text_counter": 218,
"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 13328,
"legal_name": "Jeremiah Omboko Milemba",
"slug": "jeremiah-omboko-milemba"
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"content": " Very well. Hon. Moses Injendi."
},
{
"id": 1393050,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1393050/?format=api",
"text_counter": 219,
"type": "speech",
"speaker_name": "Malava ANC",
"speaker_title": "Hon. Malulu Injendi",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I rise to support this Motion. I thank Hon. Yussuf for this Report. I want to start by highlighting what Article 54(2) of the Constitution says. It states: “The State shall ensure the progressive implementation of the principle that at least 5 percent of the members of the public in elective and appointive bodies are persons with disabilities.” We may talk harshly about institutions. However, from where I sit and having read this Article 54(2) of the Constitution, it talks of progressive implementation. Therefore, it will be a challenge for anyone to sue the institutions. If you sue anyone for not having complied with Article 54(2) and they state that it talks about progressive implementation…What does progressive implementation mean, and it will be implemented for how long? The Committee The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
}
]
}