Society sues State for discrimination of mental patients

By Judy Ogutu

An organisation championing for the rights of the mentally handicapped has accused the Government of discriminating against such individuals.

Kenya Society for the Mentally Handicapped (KSMH) wants the High Court to issue a temporary injunction restraining the Government from disbursing Sh385 million to persons with disabilities in the financial year 2011/2012.

The organisation has sued the Attorney General, National Council for Persons with Disabilities (NCPD), Ministers for Education, Health, Medical Services and Gender, Children and Social Development.

In a case filed under certificate of urgency, they want the orders issued pending hearing and determination of the application.

KSMH is also seeking orders to stop disbursement of Sh250 million being budgetary allocation to business revolving funds for persons with disabilities in the financial year 2011/2012. The organisation further wants the Minister for Gender stopped from disbursing any funds under the Cash Transfer Programme for Persons with Severe Disabilities launched in June 2011.

It also wants the court to order NCPD to produce a list of all persons with mental and intellectual disabilities that have been identified in each constituency indicating what cash transfer, family intervention, informed therapeutic support and consensual rehabilitation and habilitation services each person has received in the financial years 2009/2010 as well as 2010/2011.

This should be produced at the inter parties hearing of the case.

NCPD, the petitioner argues, is mandated to request and receive funds from Ministry of Finance and disburse the same to institutions or Government agencies to run programmes under its mandate.

KMSH claims the council has ignored and refused to recognise more than 3.6 million people with mental and intellectual disabilities.

The organisation contends that as a result NCPD has failed to ensure the early identification of their disability, specific support, services and areas of reasonable accommodation that are required to inform Government policy, planning and programming.

NCPD and the five ministries, the petitioner argues, have in violation of the Constitution failed to put in place policy and programmatic measures for implementation of critical services in early identification of persons with mental and intellectual disabilities.