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{
"id": 1560702,
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"speaker": null,
"content": "(Second Reading)"
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"id": 1560703,
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"content": "THE LEARNERS WITH DISABILITIES BILL (Senate Bill No. 4 of 2023)"
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"id": 1560704,
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"content": "Hon. Melly."
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{
"id": 1560705,
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"type": "speech",
"speaker_name": "Tinderet, UDA",
"speaker_title": "Hon. Julius Melly",
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"content": " Hon. Temporary Speaker, I beg to move that the Learners with Disabilities Bill (Senate Bill No. 4 of 2023) be now read a second time. This Bill was referred to the Committee following its First Reading on 7th November 2023. It was submitted from the Senate on 26th October 2023. This is an important Bill that will amend at least 46 clauses related to learners with disabilities and the institutions that support them. The Bill seeks to establish a comprehensive legal and institutional framework for the education of learners with disabilities. It regulates the conduct of institutions serving these learners. It also addresses the broader community, promoting inclusive education in line with our constitutional values and Kenya’s international obligations. The Bill seeks to promote the teaching of learners with disabilities across the country. The Committee placed a public advertisement under Article 118(1)(b) of the Constitution. Only one formal memorandum was received from the National Disabilities Forum. We invited and engaged key stakeholders on this Bill. We realised that up to 1.7 million Kenyans have various forms of disabilities. It was not good that we were going to consider this Bill with only one grouping. We invited the following stakeholders, among others: United Disabled Persons of Kenya, SIDE Relief, Kiambu Disability Network, Kenya National Deaf Association, Women Challenge to Challenge, and Students with Special Needs Association. The need to invite the stakeholders was based on the constitutional requirement of public participation in the law-making process. We must meet this threshold before bringing the matter before the House. The Committee held several meetings and reviewed the Bill clause by clause as required. To give background information, over 1.7 million Kenyans have disabilities of various kinds, such as hearing and mental impairments. We normally say the individuals are differently endowed. Of this number, 39 per cent access primary school education. It is important that Members are apprised that this statistic cuts across the Republic. Many families, communities and institutions have people with disabilities. Thirty-nine (39) per cent access primary education, but just 9 per cent attend secondary school. Despite progressive initiatives like Free 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."
},
{
"id": 1560706,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560706/?format=api",
"text_counter": 657,
"type": "speech",
"speaker_name": "Tinderet, UDA",
"speaker_title": "Hon. Julius Melly",
"speaker": null,
"content": "Primary Education in 2003, over 1 million children with disabilities remain out of school. This is something we should know as a House. This Bill seeks to promote learners with disabilities so that individuals with these children can take them to school, whether in institutions for disabled persons or integrated schools. We need to promote this by motivating special education teachers by paying them more to assist these young people. Over the years, the Government has undertaken a number of reforms through the Ngala Mwendwa, Gachathi, Koech, Kamunge, and Munavu Reports. The Government has been trying to ensure that learners with disabilities are assisted through proper legal procedures. On this basis, a number of institutions were established. Institutions like the Kenya Institute of Special Education (KISE) and the Kenya Institute of the Blind (KIB) were all established to assist learners with disabilities and help individuals endowed differently in terms of sight, hearing impairment and mental disorders. These were to come up with institutions like the Thika School for the Blind and all other special institutions across the country. I want to run through the Bill. Clauses 1 to 4 define the objects, definitions, and guiding principles. The Bill then goes on to define the various aspects of disabilities. It is important for this House to note that we proposed certain amendments to entrench, ingrain, and make the kind of disabilities we are talking about more understandable. Clauses 5 to 8 elaborate on the rights and responsibilities of learners, parents and governments. Many Government institutions end up discouraging learners with disabilities simply because of their language and choice of words. I want to make it very clear that no parent chooses children. They are got by birth. Most of them are stigmatised. Through this Bill, we need to come out and encourage most of our parents and institutions. Disability is not inability. It does not disadvantage them too much. For example, we should integrate those with physical and other disabilities and look at them as other children. Clauses 4 to 19 give the registration, admission, and management of institutions. That is why I also said the Bill looks at institutions. How do you admit these children? How do you register institutions for learners with disability? More importantly, how do you manage some of these institutions? The Committee looked into all those issues and proposed a number of amendments to strengthen the issues raised. The Committee made several observations and captured stakeholder input. For example, the Committee supported the inclusion of teacher aides and a clearer definition of “inclusive education”. We have learners with serious disability issues in most schools today. Mental issues and problems with movement are examples. We cannot rely on one teacher only. We need specialised teachers or teacher aides with a medical understanding of the situations of the children. We will have the mainstream teacher teaching the lesson with the help of an aide who is almost a caregiver, giving support services. In most institutions, you will discover that the teacher aide will encourage the learner to like schooling even more and be in that place. Therefore, the aide will be of assistance to the disabled learner. The Committee also realised we need to recommend the deletion of Clause 30. It contravenes Article 50, which is on fair hearing. We have talked about a fair hearing. At times, a student with a hearing impairment or some challenges is given marks of the same level as a normal child. I am talking about all those visual and hearing challenges. On another note, we have increased penalties and imprisonment to up to three years or both for individuals who might take advantage of disabled people. As the Departmental Committee on Education, an individual who takes advantage of a disabled child, molests, or mistreats them does more disservice than they would to a normal child. Clause 28 of the Bill provides that every special needs education institution shall ensure that its non-teaching professional staff and any person providing special needs services within its premises are properly qualified in their special areas. After thorough deliberation and public 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."
},
{
"id": 1560707,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560707/?format=api",
"text_counter": 658,
"type": "speech",
"speaker_name": "Tinderet, UDA",
"speaker_title": "Hon. Julius Melly",
"speaker": null,
"content": "consultation, the Committee recommended that the House approve the Learners with Disabilities Bill, with amendments as detailed in the schedule of amendments appended to the Committee's Report. In conclusion, the Bill affirms our national and international obligations to uphold the dignity and rights of persons with disabilities, especially children and youth. It gives legislative weight to the constitutional principles of inclusivity, equality, and non-discrimination in education. The Committee remains committed to supporting a just, accessible and inclusive education system for all learners in Kenya. I beg to move, and request Hon. Member for Kiminini to second."
},
{
"id": 1560708,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560708/?format=api",
"text_counter": 659,
"type": "speech",
"speaker_name": "Hon. David Ochieng’",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Hon. Bisau."
},
{
"id": 1560709,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560709/?format=api",
"text_counter": 660,
"type": "speech",
"speaker_name": "Kiminini, DAP-K",
"speaker_title": "Hon. Bisau Kakai",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. At the outset, I rise to second and support the Learners with Disabilities Bill (Senate Bill No. 4 of 2023). Disability is not inability. Given a chance, these children can excel more than ordinary children. The Bill devolves the management of learners with disabilities from county governments. We will have County Education Boards and County Education Resource Centres to help these children. The Bill says that the Cabinet Secretary for Education will ensure equality. Special needs schools will be equipped properly, and the children will have all the rights. The Bill is crucial because it captures financing and policy regulation, institutional management, and the rights and responsibilities of all institutions. The parents of these children are also critical. The Bill talks about ensuring they provide their children access to these institutions. In many homes, children with disabilities are seen as second-class and sometimes are not given priority in terms of going to school. Some institutions, like Kilimani Integrated Primary School, have tried integrating the blind. Teachers looking after disabled children in this school are not paid on time because their budget is not a priority. Basic equipment like braille is not in place. Hon. Temporary Speaker, I second and support this Bill because it is good news for the 43rd tribe of this country, which very few people talk about or support. I support the Bill. Thank you."
},
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"id": 1560710,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560710/?format=api",
"text_counter": 661,
"type": "speech",
"speaker_name": "Hon. David Ochieng’",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " You are not supporting it, but seconding it."
},
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"id": 1560711,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560711/?format=api",
"text_counter": 662,
"type": "speech",
"speaker_name": "Kiminini, DAP-K",
"speaker_title": "Hon. Bisau Kakai",
"speaker": null,
"content": " I second the Bill. Thank you."
}
]
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