Tag Archives: Kenya Persons with Disabilities Act 2003

2018, for inclusion!

Call it cluster sampling if you may, but the summaries previously conducted on 12 countries in this blog have proven the necessity of inclusive education in the world.

Inclusive education refers to the idea of PWDs and non-PWDs alike studying at the same school. Everyone could lead “regular” lives. Everyone could have a chance to appreciate diversity. Everyone could also learn academic and social skills at their own pace within an appropriate environment.

The inability of a country to implement inclusive education till now cannot really be blamed on its economy. While it is true that money is needed to build schools and provide training, a positive attitude is also necessary to achieve inclusive education.

Take for example Kenya, the 40th poorest country based on the assessment of the International Monetary Fund in its World Economic Outlook Database in October 2016. Poor as it is, it has managed to enact the Kenya Persons with Disabilities Act 2003 and specified a solid framework for the development of a truly inclusive education system in the 2010 Kenyan constitution. It has also signed and ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD), believing that PWDs and non-PWDs studying together.

Even Bhutan, the 72nd poorest country in the same list, has  signified its confidence on inclusive education through the frameworks Standards for Inclusive Education, National Education Policy, Individual Education Plan (IEP), and Education Sector Strategy 2020. It has also devoted about seven percent of its gross domestic product to enable free education up to the tenth grade.

Of course, there’s still a challenge; inclusive education here is synonymous to letting girls study. But Bhutan has ratified the United Nations Convention on the Rights of the Child (CRC) to get the idea started. It has also signed the United Nations Convention on the Rights of the Persons with Disabilities (CRPD), the Millennium Development Goals, the Education for All-Dakar Framework for Action (1994), and the Proclamation of the Economic and Social Commission for Asia and Pacific (ESCAP) Commission on Disability on the Full Participation and Equality of People with Disabilities (2008).

Even the “rich” country Norway would like to let PWDs and non-PWDs study together.1 It has already thought of integrating every student into the ordinary school system even before 92 governments and 25 international organizations met in Salamanca, Spain to talk about inclusive education. Norway also legislated the Education Act2, initiated adapted education3, and established the Institute of Education4.

“If a child can’t learn the way we teach, maybe we should teach the way they learn.” ~ Ignacio Estrada

1It is the 182nd poorest country of the 187 assessed.

2Learners in the primary and secondary school have the right to go to their local school.

3This train teachers in adapting to different kinds of learners.

4The institute train SPED teachers.

Video taken from the YouTube Channel of educause

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Inclusive Education in Kenya

Aside from the magic its tourism board asserts, Kenya has provided for the rights and rehabilitation of persons with disabilities in the country. It has paved the way for the establishment of the National Council for Persons with Disabilities and the National Development Fund for Persons with Disabilities, fining anyone who would offend PWDs with up to twenty thousand shillings or to a year of imprisonment.

The Kenya Persons with Disabilities Act 2003 has exempted PWDs as well from paying for the recreational facilities owned or operated by the Government. Materials, articles and equipment, including motor vehicles, could also be exempted from import duty, value added tax, demurrage charges, port charges, and any other government levy if they are modified or designed for PWDs.

In the country’s courts, Kenyan PWDs do not have to pay legal fees. The latter—may they be the victim or the accused—have been entitled to free sign language interpretation, Braille services and physical guide assistance.

All television stations in Kenya shall provide for a sign language inset or sub-titles in all newscasts. All persons providing public telephone services shall install and maintain units for persons with either hearing or visual disabilities.

Kenya’s respect for the PWDs in it started as far back as 1980 when it declared the National Year for People with Disabilities. Its Ministry of Education even initiated the Educational Assessments and Resource Services to improve its services for special education students.

Four years after the Kenya Persons with Disabilities Act 2003 has been passed, the UN Convention on the Rights of Persons with Disabilities (CRPD) was signed. It was ratified the next year and became the basis for the National Kenyan Constitution in recognizing disability rights.

Locally, Kenya has been helped by the United Disabled Persons of Kenya (UDPK) that consists of the Kenya National Association of the Deaf, Kenya Society of the Physically Handicapped, and other organizations. It has appointed a taskforce to review the laws related to PWDs and collect the public views.

Internationally, it has five international organizations to assist PWDs: the Christian Blind Mission (CBM), the Disability Rights Education & Defense Fund (DREDF), the Sightsavers, the International Foundation for Electoral Systems, and the Leonard Cheshire Disablity.

The CBM Kenya has been working against “blinding trachoma” and aims to eliminate the disease completely by 2019. It was funded by the Queen Elizabeth Diamond Jubilee Trust carrying out surgeries, distributing antibiotics, educating communities, and improving environmental conditions to prevent trachoma.

The DREDF, first established in Berkeley, California in 1979, is a legal service center backing up disability rights. It has started the Disability and Media Alliance Project http://d-map.org/ to bring the disability community and the media industry together, and continues to shape the legal and policy strategies needed to promote its vision in the United States and worldwide.

The Sightsavers, on the other hand, believes that 80% of blindness in the world is avoidable. So it has helped the citizens of India, Africa, Bangladesh, Ethiopia, Tanzania, Uganda, Zambia, Sudan, and Ghana with eye problems.

It has also assisted 13-year-old Flash Odiwuor even though he has another kind of ailment: polio. He was struck down with it and lost the use of both his legs. Only through the Sightsavers’ inclusive education program was he able to go back to school—at the Nyaburi Integrated Primary School, to be exact—along with other Kenyans who can see.

The IFES has more or less the same vision as the DREDF: it aims to empower the underrepresented. But unlike the DREDF that focuses on everything that entails a legal process, the IFES has provided technical assistance to election officials so that everyone can participate in the said political process.

The Leonard Cheshire has pioneered inclusive education strategies for girls with disability in Kenya. It has targeted 2,050 female PWDs in 50 primary schools in the Lake Region.

“I am so happy to be back at school. The headmaster gave me a wheelchair so I can now move around as much as I want.” ~ Flash Odiwuor

Video taken from the YouTube Channel of Luke Sniewski