Recap of Conference Proceedings: Monday, 25th June 2012

1. A RECAP OF THE CONFERENCE PROCEEDINGS FOR MONDAY 25TH JUNE 2012

2. SUMMARY OF DAY 1 PRESENTATIONS Opening Remarks • The Director, NCPWD: Ms. Phoebe Nyagudi • Chairperson, NCPWD: Mr. John Halake • Permanent Secretary, Ministry of Gender: Dr. James Nyikal • Chairperson, Parliamentary Committee on Equal Opportunity: Hon. Mohammed Affey • Minister, Ministry of Gender: Hon. Dr, Naomi Shaban • Vice President & Minister of Home Affairs: HE Hon. Stephen Kalonzo Musyoka Presentations • Executive Secretary, Advocacy Network: Dr. Samuel Kabue (*Lawrence Mute) • Commissioner, Kenya National Human Rights Commission: Mr. Lawrence Mute • Chairman, Commission for the Implementation of the Constitution: Mr. Charles Nyachae • Attorney General: Hon. Prof. Githu Muigai (*Ms. Muthoni Kimani) • Permanent Secretary, Ministry of Gender: Dr. James Nyikal • Vice Chancellor, Kenyatta University: Prof. Olive Mugenda (Represented) • Handicap International: Mr. Frank (*Ms.Caroline Bii) • CEO, Safaricom Ltd: Mr. Bob Collymore (*Mr. Joseph Ogutu) • Programme Director, Liverpool VCT: Dr. Nduku • NONDO: Mr. John Halake & Mr. Haron Hassan

3. Key Points from the Opening Remarks • This is the first national conference, focusing on PWDs, ever held in Kenya. • The overall objective of the conference is to discuss and generate strategies that will lead to the improvement of the lives of PWDs in Kenya; especially with regards to access to public buildings, housing, transport and roads, employment, education, health, sports and recreation. • A specific legal platform to achieve this objective is already in existence in the form of the Persons With Disability Act, 2003. • However, uptake and implementation of the Act’s provisions has been slow. Thus, a second objective of the conference is to increase general public and stakeholder awareness on the provisions of the Act, especially the specific sectoral obligations, sectoral incentives and adjustment orders for mitigating non-compliance. • Successful implementation of the PWD Act requires pro-active participation of both the public and the private sector. • There is need to review the Act to make it inclusive, especially the qualification requirements for tax exemption, the act’s minimal focus on mental disability and rehabilitation of PWDs. • ‘Nothing for us without us’: That PWDs must be fully involved in the making of any laws and plans that pertain to their lives. • The key conference output is to generate a National Action Plan that will be the primary tool for implementing the PWD Act 2003.

4. Key Points from Day 1 Conference Presentations • Kenya is a signatory to the UN CRPD, which provides a solid international context for implementing the PWD Act 2003.In this context the consideration of PWD issues has moved from a charitable model to a social one, that focuses on individual rights. • Consequently, the PWD Act 2003, legislates the rights of a PWD to inter alia a barrier free environment, and to non-discrimination. • However, thus far, none of the Act’s provisions have been implemented to an appreciable level. In the case of public buildings, some proprietors have resorted to poorly designed add-ons. • There is need to effect minimum standard and guidelines for services that are provided to the public, especially the extent to which they address levels of access by PWDs. A good example is the universal design concept to public infrastructure e.g. public building designs that do not consider accessibility by PWDs in their plans should not be approved. • The new Constitution recognizes the rights of PWDs and through various provisions e.g. the Bill of Rights, clauses on representation, economic and social rights, national values etc provides ample structure to further implement the PWD Act. • There is need to mainstream the Act’s provisions in both the public and the private sector. Specifically the 5% employment quota to PWDs needs to extend beyond the public service. • In addition to the need for a National Action Plan, a national team ought to be constituted to oversee the overall implementation of the PWD Act.

5. Key Points from the Exemplary Efforts Presentations • Kenyatta University Disability Services Office has been able to enhance mobility for PWDs through the use of campus tuk-tuks; university buildings have been customized for easy Access by PWDs and through the use of assistive technology. • Handicap International has been working through the building the capacity of Disabled People’s organizations; simplifying versions of disability act; community interactive sessions that reach out to PWDs on rights and civic participation; training trainer of trainers (TOT) on rights and key legal documents. • Safaricom Ltd. has been able to undertake the creation of ramps at all safaricom buildings; construct PWD friendly washrooms in all buildings; provide a comprehensive medical cover, which includes purchasing of and maintenance of assistive equipments; provision of PWD friendly lifts; support for staff to get KRA exemption certificates; inculcating PWD friendly software; introducing flexible working arrangements; providing transport to work facilitation and the involvement of PWDs in decision making processes. • Liverpool VCT: Focus on vulnerable & at risk populations. 70 hearing HIV service providers trained on basic Kenya Sign Language; Partnership with 20 organizations of persons with disability and built their capacity; Services to over 24,000 disabled clients including over 12,000 deaf clients. • NONDO: Raiding awareness among PWDs; provision of assistive devices, including repairing; funding opportunities; awareness to access funding opportunities