Disability is not Inability

Presentation by: Ms. Edah Maina – CEO, Kenya Society for the Mental Handicapped (KSMH).

Human readers are monitored on regular basis for competence in the interest of persons with intellectual disabilities by a recognized, independent, informed and impartial body e.g. KSMH.

Areas of advocacy for policy change.
What does the disability Act 2003 say about civic rights?

1. Sec 29 (1) of the Act says “All persons with disabilities shall be entitled, at their request, to be assisted by persons of their choice in voting in presidential, parliamentary and civic elections.”

“At their request” means all persons with disabilities have the full ability to make independent decisions and choose persons to assists them in the electoral process. This should be revised to introduce support services initiated by human readers in the interest of a person with intellectual disability.

2. Sec 29 (2) Says “A persons who undertakes to render assistance to a voter with disability, shall do so strictly in accordance with the instructions of the voter.”

This means the voter has the ability to give instructions with no limitations in both intellectual functioning and adaptive skills. The role of the human reader that includes supported decision, making/consent is not addressed in this section.

3. Sec 29 (3) says “A person described in subsection (2) shall bind himself, in the prescribed form, to comply with that subsection.”

This section criminalizes initiatives of human readers, who are sensitized and trained to “initiate” and provide supported participation of PWID in the electoral process.

The measure of support provided is commensurate to the limitations of the voter and varying between the different types and degrees of disability.

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