OPINION: President Ruto ignored Article 54[2] of the Constitution in gov’t appointments

Members of Parliament in both Houses have settled in and seem ready for the business ahead of them, well and good.

 I would like to remind them of some unfinished business as far as implementation of the 2010 Constitution is concerned.

Apart from the gender rule that is still pending, we have the bit that touches on Persons Living With Disabilities (PWDs) that seems to have been forgotten about.

The Constitution of Kenya, 2010 requires that PWDs occupy at least 5% of the elective and appointive positions but social factors, structural and economic barriers exclude PWDs from political participation.

They include; stigma, negative stereotypes, discrimination, and negative attitudes towards PWDs, the absence of political party policies and laws those fully considers and make provisions for PWDs.

The discriminatory high cost of politics in Kenya and the low level of understanding of disability amongst decision-makers at all levels, violence and general lack of political goodwill.

Political parties have a key role to play in addressing the gaps and barriers that PWDs face as far as political leadership, disability inclusion and disability awareness are concerned.

From party nomination lists, it's clear that 5% for PWDs in elective positions has not been met. This is a serious gap that the government, 13th parliament and all stakeholders must come together to address.

President William Ruto named his cabinet; they were vetted and sworn into office successfully. PWDs missed out as far as 5% representation for PWDs is concerned.

Yesterday, the President released his nominess for the positions of Permanent Secretaries, again the requirements of Article 54 of the Constitution haven't been met, I mean, even the part that talks about "progressive implementation" can't be seen in the appointments.

This is in contravention of the Constitution 2010, Article 54[2] that states: "The state shall ensure the progressive implementation of the principle that at least five percent (5%) of members of the public in elective and appointive bodies are PWD.”

This has been overlooked, it’s  a mistake that must be addressed if at all we are to realize disability inclusion or better still, if we are to come anywhere close to progressive implementation of article 54 [2].

Accessibility remains one of the biggest barriers for PWDs when it comes to participation in political affairs and political leadership. Political parties lack proper guidelines on access for PWDs and this requires a political solution that only the political players can agree to resolve.

All parties should strive to institutionalize disability inclusion through establishment of disability leagues. This way, disability awareness will be created thus ensuring we eliminate barriers and the challenges like stigma and discrimination that PWD face.

Political parties should also review their constitution, policies, strategic plans and manifestos as well as human resources and policies so as to comply with the provision of the available legal frameworks of disability inclusion in Kenya.

Last but not least, political parties should develop communication, training, education, and awareness, raising policies that address the disability needs and concerns of PWDs. This way, matters revolving around inclusion will be addressed, and above all, it’s the surest way of making the world a better place for everyone.

13th Parliament, as you look into other pending bills, remember that the 5% representation for PWD in both elective and appointive positions (as enshrined in the Constitution of Kenya 2010, Article 54[2]) is still pending and it urgently requires your intervention.