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{
"id": 1151593,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1151593/?format=api",
"text_counter": 85,
"type": "speech",
"speaker_name": "Seme, ODM",
"speaker_title": "Hon. (Dr.) James Nyikal",
"speaker": {
"id": 434,
"legal_name": "James Nyikal",
"slug": "james-nyikal"
},
"content": "with the new requirements that arise from Article 54 of our current Constitution. It aligns the Act with the Constitution. All the issues that relate to disability are, in one way or another, linked to access. The problems of disability in this country are big. We have about 1.5 million to 2 million people that have one form of disability or another. These are members of our society that we must look after and treat with dignity in all ways, despite their disability. This has not been possible. There are cases where PWDs have been hidden from the society, therefore, denied all activities that are within society. If you look at it, the biggest issue is that of access. Many of us who are able-bodied may not appreciate the problem of access for PWDs, starting from physical access, how you get into buildings, how you get into vehicles, how you use public toilets, and how you go into high-rise buildings. Even where there are lifts, there are problems of access. We may, for example, not realise the problems of access to PWD in hearing, how they participate in all activities and even politics. That is a problem with them. If you think of people who are visually handicapped and how they go about matters and participate, all these need to be addressed in law. Although the Act of 2003 addresses this, there are gaps that need to be filled. Hon. Speaker, PWDs are subject to discrimination in many ways, sometimes in subtle forms even in our language, how we treat them, how we relate with them, and how we give them access to public functions. It is a big problem. Even in the right to property, sometimes people do not have their property because they are disabled and they are taken advantage of. The PWDs are subjected to a high form of stigma. Many times, some even decide not to participate in all activities of the society because of the way they are treated. Even in arrangements of meetings and functions, nobody thinks of how to get PWDs to participate. Even when they participate, they are not treated with dignity. The amount of indignity they suffer is great. Therefore, I rise to support this Bill because I know it addresses all the issues facing PWDs. Part II of this Bill very clearly sets out what these rights are. It sets out that there should be no discrimination. The legal capacity, the right to family, the right to privacy and the right to healthcare should be addressed. Even if health facilities are available, can PWDs access them? That same Part II also brings a barrier-free environment. I know some of us may not even realise the braille in lifts and the talking lifts. They think it is just an advancement of technology. Those are about the rights of PWDs, especially persons with the disability of hearing, so that they can use those facilities. I support the Bill because it very carefully brings that out. It provides provisions. This Bill provides for a council. We have a council, but it, at least, needs to be strengthened. It shows how the council is appointed, how people are appointed and the qualifications needed. More importantly, in relation to the council and prior to this Bill coming into effect, if it is passed, the council has offices only in Nairobi. If you expect PWDs to travel from all over the country to get their issues addressed at the council,that is a form of discrimination. This Bill provides that the council will have offices at various parts of the country in the counties, and so on. That is extremely important. Hon. Speaker, I support this Bill because it also provides incentives. Look at the areas of tax. It is important that PWDs sometimes use materials that we do not use. If these materials are taxed, we subject them to higher tax. This Bill addresses that. That we can have tax exemption on materials used by PWDs, and materials used to manufacture items used by PWDs. Even if they have businesses, I think we should give consideration in taxation. The process, getting somebody to be certified and registered, has been a bit complex. This Bill attempts to promote that. 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."
}