This is an opportune moment to advance disability rights

Petroleum geologist from Rataract Club of youthzone, Kavetza Michelle [left] put final touches to Shifra Inas of Mother Seratina Education Centre during disabled fun day at Nyali in Mombasa. 3000 children living with disabilities were fed by Rotary clubs and Mombasa Cement. Lamu Governor, Issa Timamy who was the chief guest says people with disabilities get free treatment in Lamu Public Hospitals. Feb. 8,2025. [Omondi Onyango,Standard] In early May, President William Ruto signed into law the Persons with Disabilities Act 2025 therefore repealing the Persons with Disabilities law of 2003. The Disabilities Act 2025 aligns with both the Constitution and international frameworks such as the Convention on the Rights of Persons with Disabilities (CRPD) and is seen as a progressive piece of legislation that reaffirms the dignity and rights of all persons with disabilities (PWDs). During the signing ceremony, the President assured that the government was fully committed to translating the provisions of the law into tangible improvements in the lives and welfare of PWDs. At a separate event, Chief Justice (CJ) Martha Koome echoed the joy of many Kenyans with disabilities when she said that the enactment of the Persons with Disabilities Act 2025 was a transformative step towards the promotion and protection of the PWDs by ensuring improved quality of life, financial inclusion and disability mainstreaming, among others. Both the President and the CJ reiterated that with the new the law, the real work begins. They noted that for the full promise of the law to be realised, it requires collective action by stakeholders, including the national and county governments, legislators, civil society, the private sector, and all Kenyans. Ms Koome, while speaking at the Africa Regional Workshop on Access to Justice for Persons with Disabilities, titled 'Strengthening Access to Justice for Persons with Disabilities through Legal Reforms and Compliance with the CRPD and the African Disability Protocol' urged judges, advocates, academics, and policymakers to ensure that legal frameworks, including the newly signed law, were translated into reality. In a positive step, the CJ committed to expeditiously facilitate formulation of regulations that will help implement the Disability Act. This therefore, could be the opportune moment to make things right for millions of Kenyans with disabilities in terms of realising their rights. However, implementation is where the rubber meets the road. As such, many Kenyans wonder, is the government willing and ready to make this happen? A 2025 study by the International Commission of Jurists titled 'An Opportune Moment: Realising the Rights of Persons with Disabilities in Africa: ICJ's study of nine sub-Saharan African States' implementation of the Convention of Persons with Disabilities' found that despite some progress, much more was needed by states, including Kenya, to make human rights protections for persons with disabilities real. The study noted that implementing the CRPD comes with significant challenges, and States require indepth educational and technical support on the meaning and implications of ensuring the rights of PWDs. Which remains the case for the new disability law. Much needs to be done to ensure implementation of the new law. It entails many things such as public awareness about the rights of persons with disabilities stipulated in the law; the mandate of county and national governments; the responsibilities of families, of communities, and our society in general in ensuring that the Disability Act is fully implemented. Stakeholders, including organisations for PWDs must continue holding authorities accountable while discharging of their obligations concerning the rights of PWDs not only under this new law, but also under other regional and international frameworks that Kenya a country is party to. This includes the African Disability Protocol and the CRPD. Let's use the new disability law to agitate for the advancement of the inclusion of PWDs, in their diversities, in our communities. We cannot let this moment pass us by. Ms Ombati is a disability activist. lizombati@hotmail.com

This is an opportune moment to advance disability rights

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