25. Both public and private organizations have also embraced the mainstreaming of disability issues. For
example the K-Rep Bank provides loans to groups of persons with disabilities. The retirement age for
persons with disabilities in public service is pegged at 65 years while that for other public employees is
60 years as an affirmative action. Disability mainstreaming is laid down in the Public Service
Commission of Kenya- Code of Practice on Disability Mainstreaming. The Guidelines developed by
the National Council for Persons with Disability clearly outlines that institutions should advocate and
facilitate the respect, equal opportunity, non-discrimination, accessibility, effective participation and
inclusion for Person’s With Disability in the work environment.
26. In order to ensure that the Government “walks the talk“ on the integration of persons with disabilities
in all the spheres of public life, all public organizations must include a measurable targets in their
performance contract every year on actions they intend to take to mainstream persons with disabilities.
Such targets are mandatory and no public body has an option of not contracting on it.
27. The Government is committed to the elimination of gender discrimination and has taken deliberate
steps towards the achievement of equal rights in matters of succession and cultural acceptance. The
Government’s policy on land and gender rights is provided by Article 60(1) (f) Constitution of Kenya,
which states that “elimination of gender discrimination in law, customs and practices related to land
and property in land”. This has found life in cases on succession matters that touch on land and in
particular in Samson Kiogora Rukunga vs Zipporah Gaiti Rukunga (2011)eKLR where the Court held
that as per the law, it matters not whether a daughter of the deceased is married or not when it comes
to consideration of whether she is entitled to inherit her parent’s estate. The learned Judge relied on
Article 60(1) (f) of the Constitution which provides for the elimination of gender discrimination with
regards to land. Therefore, there should be no discrimination between married and unmarried
daughters of a deceased person who died intestate. In the matter of Muigai vs John Bosco Mina
Kariuki & Jerioth Wangechi Muigai (2014) eKLR, the Court of Appeal relied on international
instruments that prohibit discrimination against women to wit, the Universal Declaration of Human
Rights, the Covenant on Economic, Social and Cultural rights, the Convention on the Elimination of all
forms of Discrimination Against Women and the Covenant on Civil and Political Rights to state that
the yoke and burden of discrimination should not be worn by the female gender anymore as under the
Constitution, the general rules of international law form part of the Laws of Kenya and cannot be
derogated against.
28. The Constitution provides that at least a third of members of the Senate, National Assembly and
County Assemblies be of either gender. To fill the women’s minimum quota, the Constitution reserved
47 women seats in the National Assembly and 16 such seats in the Senate. The concern here was that
the mandatory number of women in the National Assembly in accordance with article 97(1) (b) of the
Constitution amounts to a mere 13.4 % which would not reach the a “third threshold”. Should the
electorate then not elect the sufficient number of women to attain the balance there would be a
Constitutional crisis. An advisory opinion was sought from the Supreme Court, which determined by
majority decision that the realization of the right is progressive and the Country should come up with
an implementation mechanism by 2015. A Committee has been set up under the leadership of the
National Gender and Equality Commission to come up with the mechanism.
29. The Kenya Citizenship and Immigration Act, 2011, addresses certain issues of discrimination that were a
matter of concern in earlier legislation on immigration matters, For example, a woman can now transfer
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