The Senate Committee on Justice, Legal Affairs, and Human Rights has engaged key stakeholders in discussions over a proposed law that seeks to ensure at least five percent of members in elective and appointive positions are persons with disabilities.
The committee met with representatives from the Attorney General’s Office, the National Gender and Equality Commission (NGEC), the Office of the Registrar of Political Parties (ORPP), and Kenya Law to deliberate on the Constitution of Kenya (Amendment) Bill, No. 17 of 2024, sponsored by Senator Crystal Asige.
The Bill proposes amendments to Articles 54, 97, and 98 of the Constitution to secure the representation of persons with disabilities.
One of its key provisions is the removal of the word “progressive” from Article 54(2), aiming for immediate and full implementation of the five percent representation requirement.
During the discussions, Senator Asige emphasized the urgency of these amendments, stating that persons with disabilities have been underrepresented in governance for too long.
She asserted that the Bill is about fairness and fulfilling a constitutional promise that has been delayed.
“This is not about privilege; it is about ensuring meaningful participation in decision-making,” she said.
The National Gender and Equality Commission (NGEC) backed the Bill, arguing that representation is not just about numbers but about ensuring persons with disabilities have a voice in shaping policies that impact them. “Their perspectives must be reflected in the laws and policies that govern our country,” a representative from the commission stated.
However, concerns arose regarding the implementation of the Bill, particularly from the Office of the Registrar of Political Parties (ORPP).
A representative from the ORPP noted that political parties play a crucial role in the nomination process and called for a legal framework to ensure compliance.
“We must establish clear mechanisms to hold parties accountable for fulfilling their obligations in nominating persons with disabilities,” they said.
The Senate committee, chaired by Senator Hillary Wakili Sigei, acknowledged these concerns and committed to refining the Bill to address implementation challenges.
The committee will submit its recommendations within the stipulated 14-day pre-publication scrutiny period before the Bill proceeds to the next legislative stage.
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