Nairobi: The inclusion and participation of Persons With Disabilities (PWDs) in public participation forums and policy formulations promotes democracy and the PWDs constitutional rights. Speaking during a one-day targeted public participation exercise for PWD on the Draft PBO Regulations 2025, held at a Nairobi hotel, the Public Benefit Organizations Regulatory Authority (PBORA) formerly NGOs Coordination Board, PBORA Director General, Dr. Laxmana Kiptoo, said that the Authority is purposeful to ensure that the views of PWDs are catered for and included, as it is stipulated in the Constitution.
According to Kenya News Agency, Kiptoo emphasized the importance of diversity, stating, ‘It is okay to be different, and that is the diversity that our community and our populace have. We want to ensure that everyone is included.’ He added that the Authority has listened to views of PWDs, including organizations dealing with people with disabilities. Kiptoo highlighted the collaboration with Christian Blind Mission (CBM) and partners, noting that PBORA has obtained valuable insights to be considered in the preparation of the Regulation.
He explained that the Authority is engaging the public to provide input on the Regulation, allowing people and institutions to critique the existing proposals to develop a document that benefits the public. Kiptoo noted the significance of this process, as the PBO Act of 2013 had been shelved for over 11 years due to areas needing amendment. Legal challenges from organizations, civil societies, and NGOs argued that the Act could not be amended before implementation, prompting the current process.
The Director General expressed that once the regulation is complete, it will be crucial to amend certain sections with input from the government and all sector players on portions of the Act declared unconstitutional by the court. He stressed the importance of synchronizing the PWDs Act of 2025 with the regulations to ensure PWDs receive accessible services from organizations and the government.
David Munyendo, Country Director for Christian Blind Mission (CBM Kenya), remarked on the tendency for the PWDs sector to be excluded from decision-making processes if not specifically targeted. The Forum addressed issues and concerns vital to the sector that need consideration under the regulations. Munyendo advocated for demystifying the perceptions around disabilities and providing an enabling environment, including sign language interpreters and other assistive devices.
He emphasized that PWDs are citizens of Kenya and should be involved in all regulatory aspects. Munyendo urged the Authority to frame amendments to avoid potential conflicts between the Disability Act’s provisions on registration and similar provisions in the PBO Act. He announced that CBM will prepare a memorandum to submit to PBORA, ensuring that discussion points and agreements from the exercise are captured.
Prof. Lawrence Mute from the Faculty of Law, University of Nairobi, reiterated that PWDs are Kenyan citizens deserving equal treatment, underlining the need for appropriate regulations. He advocated for regulations that prevent conflicts between registration provisions in the Disability Act and the PBO Act.
PBORA continues to conduct public participation exercises of the Draft PBO Regulations across various counties, including Garissa, Meru, Nyeri, Machakos, Turkana, Kakamega, Kisumu, Nakuru, and Nairobi. The public has until July 25th to submit their views and memoranda to the Authority via their official email or visit PBORA regional offices in Kisumu, Garissa, Nakuru, Lodwar, and Mombasa.