Kenya: Nominated MP Harold Kipchumba Pushes PWD Act Implementation

Nairobi — Nominated Member of Parliament, Harold Kipchumba, has led a coalition of stakeholders in rallying for a firm commitment to including Persons with Disabilities (PWDs) in decision-making processes across the governance spectrum.

The ODM legislator spoke during a panel discussion at a webinar hosted by the Centre for Parliamentary Studies and Training (CPST).

While acknowledging legislative progress, Kipchumba expressed concern that despite Parliament enacting the Persons with Disabilities Act, 2025, a robust framework to enforce its implementation remains absent.

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"This matter tests not just our laws--but our honesty as a people: the inclusion of persons with disabilities in governance. Kenya is not short of commitments. We have signed conventions, passed laws, and drafted policies. But rights on paper do not change lives--implementation does," he noted.

The second term MP argued that while the new law is progressive, it remains incomplete until clear compliance mechanisms are established.

"We legislate inclusion at 5 per cent but practice it at 2 per cent. We cannot enforce compliance outside Parliament when we are non-compliant inside it," he pointed out.

The lawmaker, who also chairs a forum for parents of children with disabilities, revealed that the Kenya Disability Parliamentary Association (KEDIPA) has already engaged the Speaker of the National Assembly to advocate for a dedicated oversight body.

"As KEDIPA, we recently approached the Speaker to push for the establishment of a Disability Inclusion Committee to oversee MDAs on disability inclusion," the lawmaker revealed.

Currently, oversight regarding PWD inclusion is managed by the Select Committee on National Cohesion and Equal Opportunity, which handles disability alongside various other aspects of national diversity.

To accelerate the implementation of the PWD Act, the lawmaker proposed a practical implementation roadmap.

Kipchumba rooted for the amendment of the law to enforce compliance and to designate seats for persons with disabilities. He sought to have the law amended to introduce consequences for non-compliance with the Acts provisions.

"We need to amend the law to introduce punitive measures for non compliance because compliance without consequences is compliance without commitment. Secondly, I propose that we create designated seats for persons with disabilities -- because you cannot achieve 5% representation through a system designed to dilute it", he submitted.

The lawmaker who was nominated to the National Assembly last year was joined at the forum by experts in disability matters.

Among them was Samuel Kabue, a Commissioner in the Church Commission on International Affairs at the World Council of Churches who also serves as the Chairman of the Caucus on Disability Rights Advocacy (CDRA) and Elizabeth Chesang, the Chairperson of National Council for Persons with Disabilities (NCPLWD). Michael Munene, an Executive director at the Council also joined the discussions.

The three expert decried that notwithstanding the provisions in the constitution and the law, disability inclusion was almost always an afterthought.

"We need to see how both public and private institutions can embed disability inclusion in their planning and budgeting processes", Dr. Kabue emphasized.

The participants sought to know how the implementation of the PWD Act would help expedite the implementation of Constitutional provisions for the PWD constituency.

The Constitution of Kenya 2010 requires that Persons with Disabilities occupy at least 5% of elective and appointive positions. The Persons with Disabilities Act 2025 reinforces this, with enforcement of 5% employment and political participartion.

The forum also amplified the need to provide address the underepresentation of persons with psychosocial, intellectual, and neurodevelopmental disabilities who continue to face stigma based on the medical and pathologizing model of disability.

Participants highlighted that perhaps if the demographic was brought together,it could make disability inclusion more feasible. The forum also called for fresh data to be collected to ascertain the real statistics of people with disabilities. They also called for meaningful engagement rather than one meant to tick boxes.

"When it comes to meaningful inclusion, Parents and Caregivers of Persons with Disabilities should not just be invited to comment after a policy is drafted, but they should be included in rooms when priorities are set. They should have real power in planning, budgeting and monitoring", Redempta Mbugua, a participant noted.

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