In a historic vote on Wednesday 20 February 2024 the Senate of Kenya passed
three Bills moved by Senator Crystal Asige – The Kenyan Sign Language Bill,
2023, The Persons with Disabilities Bill 2023, and the Startup Bill.
The Kenyan Sign Language Bill, 2023 will see a comprehensive legal
framework for the use of sign language to ensure that deaf learners are
given the same opportunities as all other learners in the education
system.
The Persons with Disabilities Bill 2023 places emphasis on a human rights
approach, towards the realization of rights for persons with disabilities
while repealing the Persons with Disabilities Act, of 2003.
The Startup Bill recognizes the vital role played by start-ups in current
employment as an important avenue for Foreign Direct Investment and
tackling unemployment among the youth.
The Kenyan Sign Language Bill, 2023 recognizes that the deaf community in
Kenya who cannot use traditional spoken languages, need sign language to be
available in all spheres. For the deaf, the Kenyan Sign Language bill carries
significant consequences for their inclusion and accessibility in Kenyan society
as it seeks to dismantle barriers that have hindered them full participation in
various spheres of life, including judicial proceedings, education, access to
Health and employment.
” The Kenya Sign Language Bill is about inclusivity, equality and the protection
of the rights of this minority population. In a diverse society like Kenya, where
numerous languages are spoken, it is essential to ensure that no one is left
behind due to communication barriers,” Senator Asige told the Senate while
moving the Bill.
The Bill also seeks to acknowledge the status of Kenyan Sign Language as a
legitimate, distinct language and mandates the provision of sign language
interpreters in various public services, making information and services more
accessible to this group.
The Persons with Disabilities Bill 2023 incorporates the provisions of the United
Nations Convention on the Rights of Persons with Disabilities, as well as the
Protocol to the African Charter on Human Rights. It sets out the legal
obligations of both the National and County governments when dealing with
persons with disabilities.
This comes even as pundits question the sharp decline of PWDs in Kenya’s 2019 census, compared to ten years prior where the
number fell by an estimated 416,000.
“Mr Speaker, you can see how census discrepancy can suppress Persons With
Disabilities inclusion and equitable budget allocation toward inclusive
development. It should be noted that these numbers are not broken down per
County. This is a huge gap that needs legislative intervention, because as I like
to say, if you don’t count it, it doesn’t count. However, this Bill will bridge this
gap,” Senator Asige told the House.
Among other highlights in the Bill is the requirement that county governments
to only approve plans for the construction of roads and buildings that consider
accessibility and universal design provisions.
“Speaker, persons with disabilities want and need to access City Hall, court
houses, police stations, Huduma Centres, educational institutions, sporting
venues, houses of worship, malls and supermarkets, cinemas and museums,
cafes and restaurants, bars, and nightclubs. It may be hard to believe Speaker,
but we do not only visit hospitals and therapy facilities,” she added.
Lastly, the Startup Bill considers Kenya being among the major start-up houses
in Africa having raised over $570 million in funding in 2022 thus being a major
attraction of Foreign Direct Investment. This is despite the country’s lack of
regulatory frameworks to guide the establishment and operations of startups
which has led to several challenges including weaknesses in identifying startups,
lack of incentivizing mechanisms for their ventures, and a lack of recognition of
their unique needs and realities.
“I am a youth myself, and in order to nurture our creative spirit as the youth,
we must be provided necessary space and enabling environments to develop
our crafts and digital innovations. This house ought to enable and facilitate
entrepreneurship. Barriers should not stifle the vibrant potential of young
people; instead, we must become advocates for their aspirations,” Senator
Asige argued.
The Bill grants the Cabinet Secretary the power to make regulations on the
exemption of registration fees, the protection of intellectual property rights,
employee benefits and compensation, the relationship between founders and
employees, plus the reporting and accountability of start-ups. The Bill further
amends the Science and Technology Act, 2013, to provide for financial support
of tech innovations, representation of start-ups in the National Research Fund,
and allocation of monies to provide financial support, to tech innovations.
Lastly, the Bill sets out criteria for admission into incubation programmes,
registration of startups and obligations of startups with the responsibility of
registration and database maintenance placed on Kenya National Innovation
Agency
