The Learners With Disabilities Bill, 2023 has undergone its first reading at the Kenyan National Assembly.
The Bill aims to pave the way for the inclusive education of learners with disabilities and outlines the responsibilities of educational institutions in accommodating their needs.
"The Learners With Disabilities Bill, 2023 seeks to provide for the education of learners with disabilities; for the conduct of educational institutions for learners with disabilities," the statement read in part.
According to the Parliament, Kenya has ratified several international conventions related to the right to basic education, including the Universal Declaration of Human Rights, the African Charter on Human and People Rights, and the African Charter on the Rights and Welfare of the Child. Therefore, these international agreements are now integrated into Kenyan law.
"The Bill of Rights in Kenya's Constitution further solidifies the importance of education as a basic right. Article 43(1)(f) specifically states that every individual has a right to education, while Article 53(1)(b) emphasizes that basic education is a fundamental right for every child in Kenya," the statement added.
Parliament underscored that access to education for learners with disabilities has been marred by numerous barriers and challenges. Despite the constitutional provisions and international agreements, many children with disabilities continue to be excluded from educational opportunities, perpetuating a cycle of poverty and disability.
According to a report from the National Gender and Equality Commission on Access to Basic Education by Children with Disabilities, this exclusion remains a pressing issue.
"The Learners With Disabilities Bill, 2023 has been introduced to address these critical challenges. The legislation aims to establish a comprehensive legal framework to ensure the realization of the right to basic education for learners with disabilities at all three levels of education in Kenya, the National Assembly stated.
Provisions introduced by new bill
The Bill introduces provisions that obligate both the National Government, through the Ministry of Education, and County governments to fulfil their duties in promoting special needs education and bringing it to a level of parity with regular education.
"This Bill is aimed at providing a proper legal framework in order to ensure the actualization of the right to basic education for learners with disabilities in Kenya at all the three levels of education in Kenya," the statement added.
The legislation also aims to end the exclusion of learners with disabilities from the education cycle, making it an essential step toward fostering a more inclusive educational system in Kenya.
Parliament underscored the importance of the bill in ensuring that children with disabilities have equal access to quality education.
"The Bill creates provisions of law that obligate the National Government through the Ministry of Education and the County governments to carry out their duties in bringing the special needs education of learners with disabilities to parity with normal learners and to end the exclusion of learners with disability from the education cycle," the legislators added.
