In August 2022 Kenya had elections and the constitution allowed for Organisations with People with Disabilities (OPD’s) to assist in the monitoring of the process. It also said that there should be a percentage of elected people who directly experienced disability. This requirement allows legal challenges when it is not fulfilled. The story below discusses one such incident.
In Meru County, Persons with Disabilities (PWD’s) have obtained a court order to stop members of the county assembly (MCA’s) from being sworn in the Meru County Assembly because no Disabled Person was nominated. The order from the Meru Law courts was given at 8.30am on 21st September 2022, 30 minutes before the swearing in ceremony at 9am.
The issue is that in Kenya there is a nomination slot to the County and National Assembly reserved for special interest groups and among them the Disabled Community. In Meru County during the concluded general elections there was no PWD in the final Independent Electoral and Boundaries Commission (IEBC) list, yet they were nominated by parties.
Due to our high advocacy amongst People with Disabilities in the county, funds were raised and activists engaged. We filed a case to seek an injunction to the swearing in of the four new members until the case is determined. Prayers are that the court nullify those nominations as they don’t meet the constitution threshold. The case will be heard on Friday.
Everywhere observes that right notion that “Nothing about us, without us!”