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{
    "id": 1146475,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1146475/?format=api",
    "text_counter": 82,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "I was sad because of this Petition. When the Disability Act was enacted into law in 2003, it was great milestone to the Persons with Disabilities (PWDs) that we have in this country. Article 10 of the Constitution of Kenya, it is very clear that there should be inclusiveness, non-discrimination and respect to human dignity which includes not only the able-bodied people like us but also the PWDs, marginalised and the minority. This Petition came under Article 54 of the Constitution that specifically provides on the issue. It is captured under the Bill of Rights. So, this is a right and not a privilege. It is a must. Therefore, the reading of Article 54 of the Constitution is very critical. That there is a deliberate effort by the government, which means--- the county governments might understand that they are also governments. So, government it includes both National and county Governments. Persons with disability in Migori County and other areas are suffering because they cannot access buildings. There is no deliberate issues on educational requirements. There is no way of ensuring that they get an opportunity. When you read Article 54 of the Constitution, there is also dignity, respect. We also need to ensure that even public toilets and public places have that accessibility. It also talks about public transport and information and the use of sign language. I do not know whether the Senate has somebody who does sign language when we transmit our live proceedings. It is part of what we should be doing especially in respect. There should also be use of braille and other appropriate means and to access devices cheaply. Mr. Speaker, Sir, we expect the Government to subsidize or zero rate the use of braille, hearing aids and cochlear implantation so that they can assist in hearing. Article 54 is clear that at least there should be a deliberate five per cent in the progressive implementation of members of the public in elective and appointive bodies to be PWDs. Mr. Speaker, Sir, in upshot, the Report should have recommended that the county governments --- and I do not know how we will put this to audit query because most of the county governments appear before the County Public Accounts and Investments Committee (CPAIC). You have had the privilege of serving both as Senator, Speaker and as a Governor. I hope when everybody goes back including you from Bungoma County, there should be compliance with the five per cent. We are only asking them what the ethnic composition is. That is the only audit query. In future, we should be asking if there is compliance of five per cent, for example, in Bungoma, Nandi, Laikipia and Trans Nzoia county governments. That is the question we should be asking. So, that we make deliberate effort of actualising Article 54 which forms the basis of affirmative action for PWDs. Mr. Speaker, Sir, on County Integrated Development Plan CIDP and making it deliberate, it is a straight forward matter. We call upon the county governments when they are drafting the CIDP that they must include the marginalised, minority, PWDs, young people and women. Courts have made rulings on public participation in many cases. Any entity including the both public and private entities who do not conduct public participation,"
}