259. National policies developed to protect children include: The National Plan of Action for the
Elimination of Female Genital Mutilation 2008-2012 that provides a road map on the implementation of
anti- FGM activities, National Plan of Action on Children 2008-2012 (currently under review), the
National Plan of Action against Sexual Exploitation of Children in Kenya- 2013-2017. The Chief Justice
published Sexual Offences Rules of Court, which represents a key milestone in the development of the
criminal law in the county. The regulations address the plight of victims and witnesses – the other facet
in criminal trials without which no conviction can prevail
Rights of persons with disabilities (reference should be made to the Initial State report on the
UN Convention on the Rights of People with Disabilities)
260. Since the submission of the initial report a host of measures have been undertaken nationally to
establish legislative, policy, legislative and administrative frameworks for redressing and enhancing
the rights of persons with disabilities:
Constitutional safeguards
261. Article 27(4) of the Constitution proscribes discrimination on any ground including disability. The
concept of reasonable accommodation for persons with disabilities is recognized under Article 54 of the
Constitution, which provides for the rights of persons with disabilities (PWD). PWD are entitled to be
treated with dignity and respect and to be addressed and referred to in a manner that is not
demeaning; to access educational institutions and facilities for persons with disabilities that are
integrated into society to the extent compatible with the interests of the person; to reasonable access to
all places, public transport and information; to use Sign language, Braille or other appropriate means of
communication; and to access materials and devices to overcome constraints arising from the person’s
disability. Article 54(2) further provides that measures should be taken to ensure the progressive
implementation of the principle that at least five percent of the members of the public in elective and
appointive bodies are persons with disabilities. Significant progress has been made and there are now a
considerable number of PWDs in elective and appointive public positions.
Legislative measures
262. The main legal framework for the protection of the rights of persons with disability is the
with Disabilities Act 2003. Other pieces of legislation include:
Persons
263. The Employment Act 2007 (Act No. 11 of 2007), explicitly prohibits an employer from discriminating
directly or indirectly, against an employee or prospective employee, or harass an employee or
prospective employee on grounds of disability.
264. The Sexual Offences Act (Act No. 3 of 2006), extends special protection to persons with disability by
providing that in sexual offences where the alleged victim is a person with mental disabilities, the
concept of a “complainant” is extended to include a person who lodges a complaint on behalf of the
alleged victim where the alleged victim is on account of the disability unable or inhibited from lodging
and following up a complaint of sexual abuse.
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