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"content": "Mr. Temporary Speaker, Sir, if you go round, despite having the Constitution and the Disability Act in place, you will find the learning institutions sometimes do not provide for people living with disability. I think it is high time we enforced this particular provision in the sense that these are not lesser people within us. Article 54 (1) (c) reads:- “reasonable access to all places, public transport and information.” Mr. Temporary Speaker, Sir, if you go to the matatu stage right now, it is unlikely that you will find people with disability, especially those on a wheelchair,because they cannot access those matatus . This is unfair because the Act is clear and the constitutional provision is also very clear. This is the right that needs to be enforced so that people living with disabilities are comfortable. Article 54 (1) (d) of the Constitution talks about the use of Sign language, Braille or other appropriate means of communication. This has been referred to by various speakers. I served in the Kenya National Commission for Human Rights (KNCHR) with Sen. Hassan Omar and my friend, Commissioner Tororei, who is blind. Whenever he wanted to read a newspaper he would call us to re-do it for him. This is unfair because persons with disabilities are not lesser citizens. They should be provided for, so that they can read for themselves and access the information that they require. Article 54 (1) (e) of the Constitution deals with access to materials and devices to overcome constraints arising from the person’s disability. I worked with the The National Council for Persons with Disabilities, which is given money to provide devices for people living with disabilities. Unfortunately, most people living with disabilities in the rural areas do not get these devices. I urge the county government to set aside funds so that people living with disabilities are taken care of. We have a lot of funds in the county governments that are not accessible to persons living with disabilities and this has to be taken seriously. Article 54 (2) of the Constitution states that:- “The State shall ensure the progressive implementation of the principle that at least five per cent of members of the public in elective and appointive bodies are persons with disabilities”. This is only on paper. The county governments or private institutions do not consider people living with disabilities. When I was working in the National Council for Persons with Disabilities, the argument that people brought forth was whether we had to go round looking for people with disabilities to employ. It is up to the institution to encourage persons living with disabilities to apply. This should be a must because we have legislation and a provision within the Constitution that protects the interests of these people. Disability has various categories and it is important for all institutions to consider all categories of disability. For example, Sen. Omondi is not the same as a person who is blind or somebody who has mental disability. We need to consider all categories of disability whenever we take action. Mr. Temporary Speaker, Sir, when there is a public function, persons with disabilities are unable to access some buildings. For example, it is hard for persons living with disabilities to access Kenyatta International Convention Centre (KICC), which is a The electronic version of theSenate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
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