We cannot afford to be left behind in fight for rights of the disabled

When activist Njeri Migwi highlighted the case of a 28-year-old woman with a disability who had been confined to a room for 10 years, sometimes chained and never allowed to leave, it was a stark reminder of the persistent deprivation of rights and dignity faced by people with disabilities.

In matters of disability, we still grapple with the need to emphasize that people with disabilities are rights holders, not objects of pity or charity. Despite progress, many communities harbour low expectations of what people with disabilities can achieve. Twenty-one years after the enactment of Kenya’s Persons with Disabilities Act and 16 years after ratifying the Convention on the Rights of Persons with Disabilities (CRPD), people with disabilities are often treated as outcasts.

I saw a poster advertising a “healing service” listing “sick, cripples, lame, paralytics, lunatics”, reflecting the harmful stereotypes that persist in some sectors of society.

Instances of systemic discrimination and exclusion abound. Last year, a family in Kanduyi, Bungoma County, sought justice after their daughter with Down Syndrome was barred from sitting her KCSE exam. In West Pokot, a girl with a disability was denied entry to a private university due to physical inaccessibility. In Homa Bay County, a woman with a disability was evicted from her home to “pave the way” for her siblings to marry and have children. Such stories underscore the cultural and institutional barriers that deny people with disabilities their fundamental rights.

Despite having progressive laws, implementation remains a huge challenge. Many people with disabilities are unable to fully exercise their economic, social and cultural rights. As a State party to international conventions like the CRPD and the International Covenant on Economic, Social and Cultural Rights, Kenya is obligated to respect, protect and fulfill the rights of all persons with disabilities. This includes ensuring justice for the 28-year-old woman confined for a decade, educational access for the girl in Bungoma, and university admission for the student in West Pokot.

Kenya is set to undergo a review by the Committee on Economic, Social and Cultural Rights in February 2025. A recurring challenge in such reviews is the lack of disaggregated data to demonstrate how persons with disabilities are accessing their rights. The Kenya National Bureau of Statistics announced plans for a national disability survey in 2024 to provide accurate data on the number and needs of persons with disabilities. Yet, this crucial initiative has yet to materialize.

National Council for Persons with Disabilities Executive Director Harun Hassan noted that the success of programmes aimed at improving the well-being of persons with disabilities hinges on accurate and reliable data to ensure fair and sufficient coverage.

Looking ahead, there is hope that 2025 will bring meaningful progress. Government programmes must reach more persons with disabilities, especially in rural areas. The disability agenda must remain central to all development plans, with organisations of persons with disabilities actively engaged in decision-making processes. No one should be left behind—no one confined to a dark room for a decade, barred from sitting an exam or denied entry to a university due to inaccessibility.

May we have a disability-inclusive 2025!

The writer is a disability activist: [email protected]