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{
    "id": 1564648,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564648/?format=api",
    "text_counter": 27,
    "type": "speech",
    "speaker_name": "The Cabinet Secretary for Labour and Social Protection",
    "speaker_title": "",
    "speaker": null,
    "content": "I am very pleased that during the assent of the Persons with Disabilities Bill, 2024, where Mr. Speaker, Sir, you were present, the President, His Excellency, Dr. William Ruto, directed that the Disability Mainstreaming indicator be reinstated back in the Performance Contracting guidelines. We are very happy with that. While this Ministry is actively advocating for the reinstatement of the disability mainstreaming indicator, we want to tell this House that there is need for the Ministry in charge of public service and performance contracting--- because they are the ones to include it. Ours is to lobby and say it is important to follow the law. However, they are the ones to carry out the presidential directive---It is good for the Senate to ask them the steps being taken for its reinstatement as per the presidential directive. Mr. Speaker, Sir, let me move to Question (b) about actions taken against public institutions that failed to submit data on employment of Persons with Disabilities (PwDs). My responses is as follows- The 2024 Status Report on Disability Inclusion revealed that less than 50 per cent of public institutions submitted data on the employment of PwDs, pointing to a significant compliance gap despite clear legal provisions requiring the same. Mr. Speaker, Sir, the State Department for Social Protection and Senior Citizen Affairs, through the NCPWD, has taken the following actions- (1) Formal Reminders: Official reminder letters were issued to all MDAs reiterating their legal obligations under the Persons with Disabilities Act No.14 of 2003 and Article 54(2) of the Constitution of Kenya, which mandates that at least five per cent of public sector employment opportunities be reserved for persons with disabilities. (2) In a move to promote transparency and accountability, the names of institutions that failed to submit the required data were listed in the Status Report on Disability Inclusion, 2024 thus creating reputational accountability and encouraging future compliance. (3) Initiated engagements with relevant authorities to explore possible enforcement measures for non-compliance. This is something that is ongoing. Trying to lobby and ensure that others are told the importance of it and how to enact. Lastly, reviewing the feasibility of introducing mental disability inclusion and reporting in Government performance frameworks to ensure structured follow-up and consistent monitoring. Mr. Speaker, Sir, it is important to note that even though there are laws for certain limitations sanctioned in Government institutions, we are committed to strengthening. There is really no enforcement mechanism. There is no law that says if you do not do this, then this is a punishment that you will receive. Therefore, you have to lobby people and tell them that there is a weakness there and they need to do this. Question C is on measures to ensure the Public Service Commission (PSC) enforces the five per cent employment reservation. I am on the second paragraph. The constitutional provision under Article 54(2) of the Constitution of Kenya requires that at least five per cent of members of public elective and appointive bodies be PwDs. Similarly, Section 13 of the Persons with Disabilities Act No.14 of 2003 mandates that employers, including public institutions, ensure that persons with disabilities are The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}