{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=137662","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=137660","results":[{"id":1393021,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1393021/?format=json","text_counter":190,"type":"speech","speaker_name":"Hon. Omboko Milemba","speaker_title":"Hon. Temporary Speaker","speaker":{"id":13328,"legal_name":"Jeremiah Omboko Milemba","slug":"jeremiah-omboko-milemba"},"content":" Hon. Timothy Toroitich."},{"id":1393022,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1393022/?format=json","text_counter":191,"type":"speech","speaker_name":"Marakwet West, Independent","speaker_title":"Hon. Timothy Kipchumba","speaker":null,"content":" Thank you, Hon. Temporary Speaker, for granting me an opportunity to contribute to this important Report. I 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":1393023,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1393023/?format=json","text_counter":192,"type":"speech","speaker_name":"Marakwet West, Independent","speaker_title":"Hon. Timothy Kipchumba","speaker":null,"content":"wish to thank the Committee for bringing this very comprehensive Report that they have submitted before this House. Hon. Temporary Speaker, for a long time, persons with disability have been neglected in this country. Our Constitution is not a mere suggestion, but a law of the land and the highest- ranking law in our country. Therefore, the mere fact that Persons with Disabilities (PWDs) rights have been anchored in the Constitution means that they have been given the highest rights under the laws of this country. If you read critically, Article 54(1) and (2) of the Constitution provide for the rights of persons with disability. Article 54(1) states that a person with a disability is entitled to certain constitutional rights. The word ‘entitled’ means that it is mandatory. One of them is access to educational institutions and facilities that are integrated into the society. Even before the issue of employment, there is a challenge in access to educational institutions by persons with disabilities. We must ensure that institutions that are handling persons with disabilities and children are properly equipped with facilities that will assist them access education. Further, Article 54(1)(c) provides that they are entitled to reasonable access to all places, public transport and information. We must align our public institutions so that those persons with disabilities can access them. Article 54(2) of the Constitution, the subject of this debate as it is, clearly provides that the State shall ensure the progressive implementation of the principle that, at least, 5 per cent of members of the public in elective and appointive positions are PWDs."},{"id":1393024,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1393024/?format=json","text_counter":193,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"[The Temporary Speaker (Hon. Omboko Milemba) left the Chair]"},{"id":1393025,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1393025/?format=json","text_counter":194,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"[The Temporary Speaker (Hon. (Dr.) Rachael Nyamai) took the Chair]"},{"id":1393026,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1393026/?format=json","text_counter":195,"type":"speech","speaker_name":"Marakwet West, Independent","speaker_title":"Hon. Timothy Kipchumba","speaker":null,"content":"I have read the Report and the Committee has noted very well that, out of the 5 per cent that is provided for by the Constitution, only 2.1 per cent of public institutions have complied with that particular constitutional principle. For the remainder of the 2.9 per cent, we must take comprehensive steps as a House and a country to comply with this provision. It is shameful that out of the 39 sampled public institutions, only one institution, the Lake Basin Development Authority, has complied with the 5 per cent threshold. As a country, we are able to take care of those people under the Persons with Disabilities Act, No.14 of 2003 and, therefore, we must re-look into it. It is the legislation that provides clearly for the fundamental rights of PWDs. We must amend the said Act of Parliament and align it with Article 54(2) of the Constitution and have the rights of PWDs clearly outlined, and anchored in the said legal provision. We need a comprehensive report by this Committee on all public institutions before this House outlining the compliance of the minimum threshold of at least, 5 per cent. If that Report is brought before this House, it will inform the amendments to the parent Act, the National Council for Persons Living with Disability Act. I, submit."},{"id":1393027,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1393027/?format=json","text_counter":196,"type":"speech","speaker_name":"The Temporary Speaker","speaker_title":"","speaker":null,"content":"(Hon. (Dr.) Rachael Nyamai): Thank you very much, Member for Marakwet West. Hon. Njeri Maina, Member for Kirinyaga."},{"id":1393028,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1393028/?format=json","text_counter":197,"type":"speech","speaker_name":"Kirinyaga County, UDA","speaker_title":"Hon. Njeri Maina","speaker":null,"content":" Thank you, Hon. Temporary Speaker. I rise to support and commend the Committee for this Report. It is not that 2.1 per cent of the institutions have complied, but the compliance level. Article 54(2) of the Constitution is very clear. It says, ‘at the very least.’ This means that the threshold we are looking for should be more than 5 per cent. It is disappointing that out of the 39 public institutions that the Committee visited, only one, had fully complied with the requirement of not less than 5 per cent. 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":1393029,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1393029/?format=json","text_counter":198,"type":"speech","speaker_name":"Kirinyaga County, UDA","speaker_title":"Hon. Njeri Maina","speaker":null,"content":"Article 27 of the Constitution in its entirety and specifically, in Clause 4, indicates that no person should suffer any discrimination because they are differently abled. We have a legislation and policies of various relevant ministries in place, but we fail at implementation. This is the same thing that happens to the 30 per cent for Access to Government Procurement Opportunities (AGPO) that is meant to be set aside for women, PWDs and the youth to access opportunities from public and private institutions. It is quite a disappointing thing because we cannot only have the law in academia. The intention of the drafters was for the Constitution of 2010 to be wholly, implemented. We must also have performance indicators and evaluation mechanisms to ensure that once we have those policies in place, they are being complied with. It is also very disappointing to note that often at times, the society looks at differently abled persons as bothersome, and as if they are too needy. I had the privilege of having a discussion at the Peoples’ Dialogue Festival with representatives of PWDs. First hand, you can tell that they are disadvantaged from the very dint that they were created that way or, perhaps, along the way of life, had accidents. It is a very unfortunate situation that we must focus on mainstreaming implementations, including even in the private sector. Most of those institutions lack the basic infrastructure to ensure that differently-abled persons have access to those facilities, including the health facilities, despite the fact that there is a law in place and that the 2003 Act stipulates that differently-abled persons must be facilitated with infrastructure to ensure that they access certain facilities. It is the right time, and the Committee has recommended implementation within three months. Perhaps, they can try and give more time. I also request the Committee to follow up on whether it has been implemented. We do not need any subsidiary legislation. The law and the Constitution are very clear. Therefore, those institutions are not compliant with the Constitution of 2010. As a House, we must make sure that we fully implement the Constitution of Kenya, 2010 and support PWDs. Thank you."},{"id":1393030,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1393030/?format=json","text_counter":199,"type":"speech","speaker_name":"The Temporary Speaker","speaker_title":"","speaker":null,"content":"(Hon. (Dr.) Rachael Nyamai): Thank you very much. Hon. Gideon Mulyungi, Member for Mwingi Central."}]}