{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=154646","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=154644","results":[{"id":1564642,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1564642/?format=json","text_counter":21,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"Question No.057"},{"id":1564643,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1564643/?format=json","text_counter":22,"type":"heading","speaker_name":"","speaker_title":"","speaker":null,"content":"REINSTATEMENT OF DISABILITY MAINSTREAMING INDICATOR IN PERFORMANCE CONTRACTING GUIDELINES"},{"id":1564644,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1564644/?format=json","text_counter":23,"type":"speech","speaker_name":"Sen. Mbugua","speaker_title":"","speaker":{"id":899,"legal_name":"Mary Njoki G Mbugua","slug":"mary-njoki-g-mbugua"},"content":"Thank you, Mr. Speaker, Sir. Bw. Waziri, welcome to the Senate. I beg to ask the Cabinet Minister for Labour and Social Protection the following Question No.57. (a) Could the Cabinet Secretary provide an update on the reinstatement of the Disability Mainstreaming Indicator (DMI) in the Performance Contracting Guidelines for the current and future financial years? (b) What actions have been taken against the public institutions that failed to submit data on the employment of persons with disabilities as indicated in the 2024 Status Report on Disability Inclusion? (c) What measures have been put in place to ensure that the Public Service Commission assumes responsibility for enforcing the five per cent requirement for the reservation and employment of persons with disabilities in all public institutions? Thank you."},{"id":1564645,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1564645/?format=json","text_counter":24,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"The Speaker","speaker":null,"content":" Hon. Cabinet Secretary, you may now proceed to respond."},{"id":1564646,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1564646/?format=json","text_counter":25,"type":"speech","speaker_name":"The Cabinet Secretary for Labour and Social Protection","speaker_title":"","speaker":null,"content":"(Hon. (Dr.) Mutua): Good morning, and thank you, Mr. Speaker, Sir. Thank you very much, Sen. Mbugua for this wonderful Question and the Senate for giving us an opportunity to talk about this very important issue. Before I read my statement, I congratulate Sen. Crystal Asige for pushing and ensuring that we have a very good updated Disability Act. It was very pleasing when we went to State House and the President assented the Bill. My response is as follows- The Ministry of Labour and Social Protection, through the State Department for Social Protection and Senior Citizen Affairs, is mandated to create and enforce policies that protect the rights, welfare and dignity of all citizens with a special focus on marginalised and vulnerable populations, including persons with disabilities. The Government is committed to disability inclusion in the implementation of all its programmes and has put in place policies and measures that are geared towards the improvement of livelihoods, economic empowerment and improved living standards for persons with disabilities, both at county and national levels. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1564647,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1564647/?format=json","text_counter":26,"type":"speech","speaker_name":"The Cabinet Secretary for Labour and Social Protection","speaker_title":"","speaker":null,"content":"Mr. Speaker, Sir, disability inclusion focuses on creating accessible and equitable environments in which individuals with disabilities can fully participate in the society. The Ministry has made efforts to ensure that the disability mainstreaming indicator is reinstated. The State Department, through the National Council for Persons with Disabilities (NCPD) acknowledges that the disability mainstreaming indicator was among six performance indicators retired from the Performance Contracting (PC) guidelines following the comprehensive review of the PC framework. The decision was informed by recommendations of the stakeholders' forum, which resolved to reduce the number of cross-cutting indicators and retain only those directly linked to institutional strengthening and core mandate delivery. Despite its retirement from the performance contracting framework, the State Department for Social Protection and Senior Citizen Affairs, through the National Council for Persons with Disabilities (NCPWD), the specialised agency mandated by law to spearhead disability inclusion efforts in public institutions, has continued with implementation of the indicator. The rationale provided for its retirement includes- (1) Its anchorage in law, including constitutional provisions like Article 54, the Persons with Disabilities Act No.14 of 2003 and other legal frameworks such as the Access to Information Act. (2) The belief that disability inclusion is now mainstreamed in many institutions and can continue to be implemented without necessarily being tied to performance contracting. (3) The existence of other indicators such as National Values and Principles of Governance, under which aspects of disability inclusion are reported. (4) The absence of a formal impact assessment on the effectiveness of the Disability Mainstreaming Indicator since its introduction. The State Department for Social Protection and Senior Citizen Affairs, through the NCPWD, continues to engage the office of the Head of Public Service and the Public Service Performance Management and Monitoring Unit (PSPMU) to advocate for the reinstatement of the Disability Mainstreaming Indicator in future Performance Contracting cycles. In the current financial year 2024/2025, the State Department for Social Protection and Senior Citizen Affairs, through the NCPWD, is undertaking an impact assessment of the Disability Mainstreaming Indicator to demonstrate its effectiveness and to highlight its continued relevance in driving disability inclusion within public institutions. It is important for us to have some form of evidence that will convince others that this is important. Additionally, the State Department for Social Protection and Senior Citizen Affairs, through the NCPWD is supporting Ministries, Departments and Agencies (MDAs) that have opted to continue reporting on disability inclusion indicators outside the performance contracting framework. It is also working with county governments to institutionalise disability inclusion through alternative monitoring tools tailored to their structures and priorities. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1564648,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1564648/?format=json","text_counter":27,"type":"speech","speaker_name":"The Cabinet Secretary for Labour and Social Protection","speaker_title":"","speaker":null,"content":"I am very pleased that during the assent of the Persons with Disabilities Bill, 2024, where Mr. Speaker, Sir, you were present, the President, His Excellency, Dr. William Ruto, directed that the Disability Mainstreaming indicator be reinstated back in the Performance Contracting guidelines. We are very happy with that. While this Ministry is actively advocating for the reinstatement of the disability mainstreaming indicator, we want to tell this House that there is need for the Ministry in charge of public service and performance contracting--- because they are the ones to include it. Ours is to lobby and say it is important to follow the law. However, they are the ones to carry out the presidential directive---It is good for the Senate to ask them the steps being taken for its reinstatement as per the presidential directive. Mr. Speaker, Sir, let me move to Question (b) about actions taken against public institutions that failed to submit data on employment of Persons with Disabilities (PwDs). My responses is as follows- The 2024 Status Report on Disability Inclusion revealed that less than 50 per cent of public institutions submitted data on the employment of PwDs, pointing to a significant compliance gap despite clear legal provisions requiring the same. Mr. Speaker, Sir, the State Department for Social Protection and Senior Citizen Affairs, through the NCPWD, has taken the following actions- (1) Formal Reminders: Official reminder letters were issued to all MDAs reiterating their legal obligations under the Persons with Disabilities Act No.14 of 2003 and Article 54(2) of the Constitution of Kenya, which mandates that at least five per cent of public sector employment opportunities be reserved for persons with disabilities. (2) In a move to promote transparency and accountability, the names of institutions that failed to submit the required data were listed in the Status Report on Disability Inclusion, 2024 thus creating reputational accountability and encouraging future compliance. (3) Initiated engagements with relevant authorities to explore possible enforcement measures for non-compliance. This is something that is ongoing. Trying to lobby and ensure that others are told the importance of it and how to enact. Lastly, reviewing the feasibility of introducing mental disability inclusion and reporting in Government performance frameworks to ensure structured follow-up and consistent monitoring. Mr. Speaker, Sir, it is important to note that even though there are laws for certain limitations sanctioned in Government institutions, we are committed to strengthening. There is really no enforcement mechanism. There is no law that says if you do not do this, then this is a punishment that you will receive. Therefore, you have to lobby people and tell them that there is a weakness there and they need to do this. Question C is on measures to ensure the Public Service Commission (PSC) enforces the five per cent employment reservation. I am on the second paragraph. The constitutional provision under Article 54(2) of the Constitution of Kenya requires that at least five per cent of members of public elective and appointive bodies be PwDs. Similarly, Section 13 of the Persons with Disabilities Act No.14 of 2003 mandates that employers, including public institutions, ensure that persons with disabilities are The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1564649,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1564649/?format=json","text_counter":28,"type":"speech","speaker_name":"The Cabinet Secretary for Labour and Social Protection","speaker_title":"","speaker":null,"content":"reasonably accommodated in employment and that a portion of available positions be reserved for them. Despite this legal foundation, the law does not explicitly assign enforcement authority to a single entity, creating a gap in accountability. As a result, the State Department for Social Protection and Senior Citizen Affairs, through the NCPWD, has proactively initiated a multi-pronged approach to address this gap and ensure that the Public Service Commission (PSC) assumes a stronger enforcement role, given its constitutional and operational oversight of public sector recruitment. The following measures have been undertaken- (1) The State Department for Social Protection and Senior Citizen Affairs, through the NCPWD, has formally engaged the Public Service Commission to issue circulars requiring all MDAs to submit employment data, specifically indicating the number of PwDs employed. This forms the basis for accountability and tracking progress. (2) A structured partnership between the State Department for Social Protection and Senior Citizen Affairs, through the National Council for Persons with Disabilities and the Public Service Commission is currently under exploration to- (i) Conduct joint disability inclusion audits in public institutions. (ii) Monitor progressive realisation of the five per cent employment threshold. (iii) Integrate disability inclusion indicators into performance appraisals of accounting officers and Human Resource managers in the public sector. There is ongoing work to integrate disability disaggregated employment data within the Unified Human Resource Information System (UHRIS) and to establish linkage with the NCPWD database for real-time compliance monitoring and cross- verification. These steps are part of a broader strategy to transition disability inclusion from a goodwill-based effort to a rights-based, structured and enforceable obligation. Achieving full compliance with the constitutional five per cent employment requirement will require continued commitment and coordinated action across all arms of Government. I submit."},{"id":1564650,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1564650/?format=json","text_counter":29,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"The Speaker","speaker":null,"content":" Sen. Mbugua, do you have any supplementary question?"},{"id":1564651,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1564651/?format=json","text_counter":30,"type":"speech","speaker_name":"Sen. Mbugua","speaker_title":"","speaker":{"id":899,"legal_name":"Mary Njoki G Mbugua","slug":"mary-njoki-g-mbugua"},"content":"Yes, Mr. Speaker, Sir. Cabinet Secretary, I am not satisfied with the answer you have given. On many issues, you gave general indications without specifics. On page two, you have indicated that there are some alternative monitoring tools which have been used. Would you tell this House which tools these are and where they have been applied? Secondly, in the absence of the performance indicator, can the Cabinet Secretary tell this House how his Ministry has been monitoring the inclusion status of PwDs? Thank you."}]}