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{
    "id": 281147,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/281147/?format=api",
    "text_counter": 13,
    "type": "speech",
    "speaker_name": "Mr. Otieno",
    "speaker_title": "The Minister of State for Public Service",
    "speaker": null,
    "content": " Mr. Temporary Deputy Speaker, Sir, the Government of Kenya has, over the years, adopted laws and policies that have outlawed discriminatory practices against people with disabilities and guaranteed them the right to productive and decent work and services. These laws have culminated into the Constitution of Kenya, 2010, which has entrenched the rights of the people with disabilities. Articles 27 and 54 of the Constitution, in particular, guarantee persons with disabilities equality and freedom from discrimination and assure them access to basic services including participation in both elective and appointive institutions. The Government has, indeed, undertaken a number of initiatives aimed at integrating persons with disabilities into all the spheres of life so as to enable them enjoy a full productive life like all the other citizens of our country. We are, therefore, committed to the provision of opportunities to everyone including people with disabilities to obtain decent and productive work based on the principles of freedom, equality, security and human dignity. Mr. Temporary Deputy Speaker, Sir, it is with the above in mind that the Persons with Disabilities Act was enacted in 2003 and came into operation in 2004. The objective of the Act was to promote fair treatment of persons with disabilities and where necessary affirmative action has been applied in order to minimize challenges that they face so as to promote normal living. I have listened to the petitions and concerns raised by public servants with disabilities on the need to raise the retirement age from 60 year to 65 years. The Government supports the raising of the retirement age of persons with disabilities to 65 years of age as the rationale for the five extra working years are still valid. I know that Section 15(2)(vi) of the Persons with Disabilities Act, 2008 provides 60 years as the minimum retirement age for persons with disabilities. The minimum retirement age was set when the Government retirement age then was 55 years. In April, 2009, the Government decided to raise the mandatory retirement age for all public servants from 55 years to 60 years, and hence this petition that persons with disabilities who previously enjoyed retirement age at 60 years needed to be accorded an extra five years for there to be equity in retirement age. You will also agree that due to the various forms of disabilities, persons with disabilities access learning institutions a little later than others in life. This means that they enter into careers much later in life than the majority of the people who have no disabilities. Secondly, for those who suffer disabilities later in life, the time taken to undergo medication and rehabilitation shortens their working life. Affirmative action is, therefore, required to compensate them for this loss in years and help cushion them in the later years in life so that they can lead a more dignified life like all other Kenyans. Mr. Temporary Deputy Speaker, Sir, while supporting this affirmative action, we need to look into social protection policy that guarantees dignified life for the aged and persons with disability after retirement from active employment. The increase in retirement age will not be the ultimate solution, but the policy that contributes to the protection and welfare of those with disabilities after active working life is also necessary. In conclusion, I will liaise with the Minister for Gender, Children and Social Development so that an appropriate amendment is brought to Parliament to raise the minimum age of mandatory retirement for persons with disabilities from 60 years to 65 years. In the meantime, it is not possible to reabsorb in service those who already retired in the intervening period, but those who are still in service as of today, this very time I am making this Statement will have all their retirement extended to 65 years. After we amend the law this will apply right across to all employers, but for public servants it will commence from today. Thank you, Mr. Temporary Deputy Speaker, Sir."
}