We must include and empower people with disabilities

william_asekaAuthor: William Aseka
Disability Rights Program Advisor, Kenya Human Rights Commission

Today one billion people around the world are living with disabilities. According to Kenya National Survey for Persons with Disabilities more than three million people in Kenya are living with disabilities. Many persons with disabilities have good jobs and proper education. However, far too many persons with disabilities in Kenya face barriers to inclusion in many key aspects of society. As a result, people with disabilities do not enjoy access to society on an equal basis with others, which includes areas of transportation, employment, and education as well as social and political participation. The right to participate in public life is essential to create stable democracies, active citizenship and reduce inequalities in society.

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People with mental disabilities ALSO have the right to marry in Kenya

william_asekaAuthor: William Aseka
Human Rights Fellow at Burton Blatt Institute, Syracuse University

The Marriage Bill (now Act) 2014 has elicited different reactions from Kenyans. Some mostly women, have argued that the law will allow men to engage in polygamous marriages. Some have hailed the law as consolidating the different types of marriages into one piece of legislation. However, the people with intellectual and psychosocial disabilities have completely been left out of this debate. The law clearly discriminates and expressly denies people with mental disorders from exercising their right to marry. Section 11(2)(b) of the Marriage Act 2014 provides:-

Consent is not freely given where the party who purports to give it is suffering from any mental disorder or mental disability whether permanent or temporary…

The Act further provides in section 73 that if one suffers from ‘recurrent bouts of insanity’ then the partner is allowed to have the marriage annulled. This essay seeks to argue that the Marriage Act 2014 not only violates Kenya’s obligation under international law but also violates the Constitution of Kenya 2010 Article 27(4), which proscribes discrimination based on disability.

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