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.
“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 said, adding that the Authority has listened to views of PWDs, including organizations dealing with people with disabilities.
Kiptoo said that it was a targeted public participation in conjunction with Christian Blind Mission (CBM) and partners and that PBORA has managed to get good insights that will be taken into consideration during the preparation of the Regulation.
He said the Authority is subjecting the Regulation to public participation, where the people and institutions give their inputs, where they critique what we have, and then for us to be able to come up with a document that will benefit the public.
“This process is very important because the PBO Act of 2013 had been shelved for over 11 years, and the previous government did not implement this act because there were some areas that needed to be amended,” he said.
Kiptoo observed that a section of organizations, civil societies, and NGOs went to court with an argument that the Act cannot be amended before it is implemented; hence, the process of implementing this Act currently.
The Director General noted that after the regulation has been done with, it would be imperative to amend some sections with inputs from government and all the sector players on the sections of the Act that have been declared by the court of law as unconstitutional.
He said that with the enactment of the PWDs Act of 2025, it would be crucial to synchronize it with the regulations, to ensure that PWD are encompassed and get accessible services from organizations and from the government.
Country Director for Christian Blind Mission (CBM Kenya), David Munyendo, said that occasionally, the PWDs sector, if not targeted, tend to be left out of many decision-making processes.
The Forum raised issues and concerns that are important to the sector and that need to be taken into consideration under the regulations.
He divulged that the experience and the perceptions around disabilities have to be demystified, adding that while participating, they should also be provided with an enabling environment including inclusion of sign language interpreters and other assistive devices.
“Even as we focus on disability, we are also stressing that people with disabilities are citizens of Kenya, which therefore means they are concerned about everything which is in the regulations,” he said.
Munyendo said that Persons with Disabilities Act of 2025 became law and urged the Authority to frame the amendments in such a way that any potential conflict between the provisions on registration in the Disability Act and those with similar provisions in the PBO Act does not occur.
“CBM will prepare a memorandum, which we shall be submitting to the PBORA team to ensure that the discussion points and the agreements from this exercise are captured,” he said.
He commended PBORA for organizing the exercise, saying it is through such platform and partnerships that there will be transformation of lives, in particular for those people segregated
The Country Director lauded the government for providing the space for the sector to operate in a way that there is collaboration and synergy to transform lives.
Prof. Lawrence Mute, Faculty of Law, University of Nairobi, stressed that people with disabilities are citizens of Kenya, and need to be treated as any other citizens hence the need to have in place appropriate regulations.
He said that the regulations need to be framed in such a way that any potential conflict between the provisions on registration in the Disability Act and those similar provisions on registration in the PBO Act does not clash.
“Even as we are discussing registration of PBOs under the PBO Act, the Persons with Disabilities Act also entitles organizations to seek registration from the National Council for Persons with Disabilities,” he observed.
PBORA has been carrying out public participation exercises of the Draft PBO Regulations across the country in counties including Garissa, Meru, Nyeri, Machakos, Turkana, Kakamega, Kisumu, Nakuru and Nairobi.
The public has until 25th of July to forward their views and memoranda to the Authority via their official email address and also visit any of the PBORA regional offices in, Kisumu, Garissa, Nakuru, Lodwar and Mombasa.
By Anita Omwenga
