POLICY, LEGISLATIVE AND REGULATORY FRAMEWORK AND NATIONAL
STRATEGY
A PAPER PRESENTED BY KENYA LAW REFORM COMMISSION (KLRC) AT LAICO
REGENCY IN THE WORKSHOP ON e-ACCESSIBILITY FOR PERSONS WITH
DISABILITIES
1.0 Introduction
 There is a common misconception which has it that e-accessibility refers to
commonly used ICT appliances like computers and mobile phones mainly.
 E-accessibility is broader and it encapsulates the interaction between a
user and any electronic gadget which gives specific information to the user
either automatically or on demand by the user.
 Some of these devises may include but not limited to microwaves,
televisions and radios, traffic lights, money detectors, ATM machines,
product dispensers, weighing machines to mention but a few.
Legislative Framework
International Law and policy
 UN Convention on Rights of
Persons with Disabilities, ratified
by Kenya on the 19th May 2008
 International Labour Organization
(ILO) Convention concerning
Discrimination in Respect of
Employment and Occupation,
1958, (No. 111).Ratified, May
2001.
 ILO Convention Concerning
Vocational Rehabilitation and
Employment (Disabled Persons),
1983, (No. 159), ratified, 27
March 1990.
 East African Policy on persons with
Disabilities
 National legislation and
policies
 The Constitution of Kenya
 The Persons with Disabilities Act,
No. 14 of 2003
 The Persons with Disabilities
(Amendment) Bill, 2011
 The Persons with Disabilities
(access to employment, services
and facilities) Regulations, 2009.
International Laws and policy
1.UN Convention on rights of persons with disabilities
•
Article 1 defines Persons with disabilities
•
Article 9 on Accessibility provides that state parties shall take appropriate measures to
ensure;
private entities that offer facilities and services to the public take into account all aspects of
accessibility for persons with disabilities
training for stakeholders on accessibility issues with respect to the disabled.
promote access for persons with disabilities to new information and
technologies
communication
promote the design, development, production and distribution of accessible information
and communications technologies and systems at an early stage, so that these technologies
and systems become accessible at minimum cost.
•Article 20 on Personal mobility - state parties shall encourage entities that produce mobility
aids.
•Article 21 on Freedom of expression and opinion, and access to information – state
parties shall ensure that persons with disabilities can exercise the right to freedom of expression
and opinion through all forms of communication of their choice.
•Article 29 on Participation in political and public life requires that voting procedures,
facilities and materials are to be accessible and easy for the disabled to understand and use.
2. The East African Policy on Persons with Disabilities.
According to Article 120 (c) of the Treaty for the Establishment of the East African
Community, the partner states undertook to co-operate in the field of social welfare
especially marginalized groups ,i.e. persons with disabilities. It advocates of
persons with disabilities to enable them effectively participate in the development
initiatives.
3. International Labour Organization (ILO) Convention concerning
Discrimination in Respect of Employment and Occupation, 1958.
Article 5(2) provides that the party states may after consulting with workers
organizations may determine the use of special measures to meet particular needs of
persons with disabilities.
4. ILO Convention Concerning Vocational Rehabilitation and Employment
(Disabled Persons), 1983.
It advocates for member states to formulate and implement a national policy on
vocational rehabilitation and employment of disabled persons to ensure they secure
and advance in suitable employment and therefore integrate into society.
National Legislation
1. The Constitution of Kenya
•Article 35 provides that every citizen has a right of access to
information
• Article 54 provides that a person with any disability has a right to
reasonably access all information
• Article 2(5) provides that the general rules of international law shall
form part of the Kenyan Law.
• Article 2(6) states that any treaty or convention ratified by Kenya shall
form part of that law of Kenya.
2. Persons with Disabilities Act
•Section 12, on employment
•(1); “No person shall deny a person with a disability access to
opportunities for suitable employment.”
•Section 21 on accessibility and mobility - assistive devices and other
equipment to promote their mobility
•Section 11 on realization of rights provides that the government
shall take steps to achieving the full realization rights of persons with.
•Section 39 on television stations
•Section 40 on telephone services
3. The persons with disabilities (access to employment, services and
facilities), regulations, 2009
•Clause 9(5) - institutions of higher learning shall provide to learners with
disabilities ; computer files or electronic versions of printed instructional
materials; video materials.
•Clause 3(1)- the government shall promote public awareness about the
rights of persons with disabilities
4. The Persons with disabilities (Amendment) Act –,amends the definition of
“disability” to reflect the definition under the convention.
5. The National Disability Policy 2007- emphasizes on providing equal
opportunities and access to services for persons with disabilities.
6. Information, Communication & Technology Draft Policy -policy recognizes the
significant role of I.C.T in the educating people.
7. The Special Needs Education Policy, 2008 focuses on providing end-users with
information, communication and technological support services to facilitate ICT
capacity building
Gaps in the Policy and legislative framework
 The policies discussed do not sufficiently address the issue of eaccessibility with regard to persons with disabilities.
 The concept of e-accessibility is missing in national documents
which spearhead national strategies like the vision 2030.
 These gaps are promoted by the non involvement of people with
disabilities, as the famous quote states “Nothing about us without
us”
Recommendations
 There legislations and policies should be reviewed to ensure they capture
they sufficiently address the issue of e-accessibility.
 The government should endeavor to strengthen capacity for organizations
dealing with the disabled to enable them understand and disseminate all
the relevant information about e-accessibility.
 Internet service providers should adopt and use user friendly websites.
 The government should give tax incentives to importers of adaptive
technology that make e-accessibility easier to persons with disabilities.
 Common products used by the public should come inbuilt with the
necessary adjustments to ensure e-accessibility e.g. microwaves
 There should be a government national initiative to create awareness to
persons with disabilities and the public on e-accessibility products.
 The government should put in all intersections in cities the facilities which
assist especially the deaf and the blind to cross the road.
 The government should encourage public private partnerships to ensure a
sustained exchange on information between the public and private sectors.