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{
    "id": 497308,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/497308/?format=api",
    "text_counter": 196,
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    "speaker": null,
    "content": "The whole issue of employment is actually what is addressed in this particular Bill. As per the constitutional provision, 35 per cent be given in the Constitution. Article 54(2) provides it as progressive implementation. I think in the Bill, Sen. Njoroge is talking about it as being implemented immediately. I do not see any contradiction if it is possible and that certain oversight bodies like the NCPD are careful that before appointments are made, at the shortlist, a provision and some sort of stratification should already have been put in place so that we know from this particular sector we are going to have this number of people who will put into those positions immediately. Mr. Temporary Speaker, Sir, we should make sure that right from the beginning, we are preparing to have these positions taken. It would be foolhardy to want the 5 per cent to have that uptake, but not to prepare in terms of capacity building; making sure that the right education has been given, the right schools have actually been able to help members who have a certain level of disability be able to contribute to the society. We have to be very careful that when we talk about such provision, it is not just visible disability; even those who have mental disabilities; schizophrenia, for example, or disabilities are not very clear. I think we should also be pro-active and go a step further by saying that the NCPD must be very pro-active in identifying and letting people know what sort of disabilities exist and how they can be handled to bring them out to prominence and to give some sort of education to say that disability is real. This is something that we should shy away from. We should be able to talk about it and actually look for a way to facilitate the disabled. As per the amendment in this particular Bill, the focus is to ensure that the NCPD contextualizes and really focuses on the activities that they are meant to do and the reports that they are meant to give. I would suggest that the reports should be given to the national Government, county governments, the National Assembly and to the Senate. I think the inclusion of the Senate is very key so that we also get a chance to quiz, bearing in mind that under Article 96, the Senate is in charge of counties. Therefore, the interests of those counties becomes very important for us to even cascade downwards to each of the counties and see whether the distribution is proportionate to Article 54(2) that gives the 5 per cent and whether that has been upheld and also to ensure compliance with these particular figures. Mr. Temporary Speaker, Sir, mechanisms then would have to be put into place by the NCPD to ensure that each provision has actually been adhered to as accurately as possible. Kenyans have a way of making themselves to be something they are not to get certain provisions. If some unscrupulous Kenyans know that there is a 5 percent provision for people living with disabilities and it has not been well defined, you might find somebody pretending to have a disability just so that they can get into a position. So the council would have to be very careful to ensure that the provision is actually given to a database of people who are already known to have those specific disabilities. Sen. Njoroge’s assertion in terms of the timeframe is also very clear and very good through the financial year to ensure compliance. Given a timeframe for this to happen, will also enable this sort of legislation to be meaningful and to have a way of applying it in a more straight forward way. I do not think that there is any reason why the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}