Report Of The Standing Committee On Labour And Social Welfare On A Petition To The Senate By Ms. Beatrice Likwop Concerning Peop

REPUBLICOFKENYA

THIRTEENTHPARLIAMENT|FOURTHSESSION

THESENATE

REPORTONTHEPETITIONBYMS.BEATRICELIKWOPCONCERNING PEOPLELIVINGWITHINVISIBLEDISABILITIES

Clerk's Chambers, Parliament Buildings, NAIROBI.

NOVEMBER2025

APPROVE

RT.HON.SEN

AMASONJ.KINCI

2/12205 Choirperson

DATE

TABLED BY

COMMITTEE

CLERK AT THE TABL

d wam

TABLEOFCONTENTS

| LISTOFABBREVIATIONS/ACRONYMS | LISTOFABBREVIATIONS/ACRONYMS | | |----------------------------------------------------------|----------------------------------------------------------|----| | PRELIMINARIES | PRELIMINARIES | | | EstablishmentandMandateoftheCommittee | EstablishmentandMandateoftheCommittee | | | Membership of the Committee. | Membership of the Committee. | | | CHAIRPERSON'SFOREWORD. | CHAIRPERSON'SFOREWORD. | | | CHAPTER 1:INTRODUCTION | CHAPTER 1:INTRODUCTION | | | 1.1THEPETITION | 1.1THEPETITION | | | 1.2PRAYERSTOTHESENATE | 1.2PRAYERSTOTHESENATE | 10 | | 1.3BACKGROUNDINFORMATION | 1.3BACKGROUNDINFORMATION | 11 | | 1.4LEGALPROVISIONS | 1.4LEGALPROVISIONS | 14 | | 1.4.1 The Constitution | 1.4.1 The Constitution | 14 | | 1.4.2 ThePersonswithDisabilitiesAct,2025 | 1.4.2 ThePersonswithDisabilitiesAct,2025 | 15 | | 1.4.3 Other Statutory provisions. | 1.4.3 Other Statutory provisions. | 17 | | CHAPTER2:CONDUCTANDPROCEEDINGSOFTHECOMMITTEE | CHAPTER2:CONDUCTANDPROCEEDINGSOFTHECOMMITTEE | 19 | | 2.1SUBMISSIONSFROMTHEPETITIONERS | 2.1SUBMISSIONSFROMTHEPETITIONERS | 19 | | 2.2 | THESUBMISSIONFROMTHEMINISTRYOFHEALTH. | 20 | | 2.2SUBMISSIONFROMTHEMINISTRYOFLABOURANDSOCIAL PROTECTION | 2.2SUBMISSIONFROMTHEMINISTRYOFLABOURANDSOCIAL PROTECTION | 22 | | 2.3SUBMISSIONSFROMTHECOUNCILOFGOVERNORS | 2.3SUBMISSIONSFROMTHECOUNCILOFGOVERNORS | 24 | | CHAPTER3:EMERGINGISSUES | CHAPTER3:EMERGINGISSUES | 26 | | 3.1 | RECOGNITIONANDDEFINITIONOFINVISIBLEDISABILITIES | 26 | | 3.2 | HEALTHCAREACCESSANDSERVICEDELIVERYGAPS | 26 | | 3.3 | DATACOLLECTIONANDDOCUMENTATIONCHALLENGES | 27 |

| 3.4 | SOCIALPROTECTIONANDECONOMICINCLUSION. 27 | |---------------------------------------------------|-----------------------------------------------------| | 3.5 | STIGMA.DISCRIMINATION.ANDSOCIETALATTITUDES 27 | | 3.6 | CORRUPTIONANDSYSTEMICBARRIERS 28 | | 3.7 | POLICYIMPLEMENTATIONGAPS 28 | | 3.8 | BUDGETARY CONSTRAINTSANDRESOURCEALLOCATION: .28 | | 3.9 | COORDINATIONANDINTER-MINISTERIALCOLLABORATION. ..29 | | 3.10 | MENTALHEALTHANDPSYCHOSOCIALSUPPORTSERVICES... | | 3.11 | IDENTIFICATIONANDEMERGENCYRESPONSE 29 | | 3.12 | EDUCATIONALINCLUSIONANDEARLYINTERVENTION: .30 | | CHAPTER4:COMMITTEEOBSERVATIONS&RECOMMENDATIONS 31 | CHAPTER4:COMMITTEEOBSERVATIONS&RECOMMENDATIONS 31 | | 4.1 | COMMITTEEOBSERVATIONS 31 | | 4.2 | COMMITTEERECOMMENDATIONS 32 | | LISTOFAPPENDICES 35 | LISTOFAPPENDICES 35 |

LISTOFABBREVIATIONS/ACRONYMS

COG

Council of Governors

CS

Cabinet Secretary

DTSK

The Differently Talented Society of Kenya

ECG

electrocardiogram

EEG

electroencephalogram

ICF

International Classification of Functioning, Disability, and

Health (ICF)

KEMSA

Kenya Medical Supplies Authority

KNH

Kenyatta National Hospital

MTRH

Moi Teaching & Referral Hospital

NCPWD

National Council forPersonswithDisabilities

NHIF

National Hospital Insurance Fund

PGH

Public General Hospital

PWD

Persons with Disabilities

UN

United Nations

PRELIMINARIES

EstablishmentandMandateofthe Committee

The Standing Committee on Labour and Social Welfare is established pursuant to standing order 228 of the Senate Standing Orders. The Committee is mandated to consider all matters related to manpower and human resources planning, pensions, gender, culture, social welfare, youth affairs, the National Youth Service, children's welfare, national heritage, betting, lotteries, sports, public entertainment, public amenities, and recreation.

The Committee oversights four ministries as follows -

1. The Ministry ofLabour and Social Protection;

• a) State Department for Labour and Skills Development; and
• b) State Department for Social Protection and Senior Citizens Affairs.

2. The Ministry of Public Service, Human Capital Development and Special Programs;

• a) State Department for Public Service and Human Capital Development; and
• b) State Department for Special Programs.

3. The Ministry of Youth Affairs, Creative Economy and Sports;

• a) State Department for Youth Affairs and Creative Economy; and
• b) State Department for Sports.

4. The Ministry of Gender, Culture and Children Services;

• a) State Department for Gender Affairs and Affirmative Action;
• b) State Department for Culture, the Arts and Heritage; and
• c) State Department for Children Services.

TheCommittee alsooversights thefollowinginstitutionsunder theStateDepartmentfor PublicInvestmentsandAssetsManagement in theNational Treasury-

• a) The department of pension;
• b) The Retirement Benefits Authority;
• c) The Local AuthoritiesProvident Fund;
• d) Public Service Superannuation Scheme; and
• e) The Civil Servants Accident Claim Fund.

The Committee also oversights the following Commissions and State Corporations -

• a) The Public Service Commission;
• b) The Salaries and Remuneration Commission;
• c) National Gender & Equality Commission;
• d) The Commissioner of Sports & Sports Registrar; and

5. e)Permanent Presidential Music Commission.

MembershipoftheCommittee

The Committee membership is as follows -

1. Sen. Julius Recha Murgor, CBS, MP - Chairperson 2. Sen. Crystal Kegehi Asige, MP - Vice Chairperson 3. Sen. (Rtd.) Justice Stewart Madzayo, EGH, MP -Member 4. Sen. Erick Okong'o Mogeni, SC, CBS, MP - Member 5. Sen. Alexander Munyi Mundigi, MP - Member 6. 6.Sen. Joe Nyutu, MP - Member 7. 7.Sen. Lenku Seki Ole Kanar, MP - Member 8. Sen. Miraj Abdullahi Abdulrahman, MP -Member 9. 9.Sen.BethSyengoMP-Member

Mr. Speaker Sir,

The Petition concerning people living with invisible disabilities was reported to the Senate by the Speaker on Wednesday, 2nd October, 2024, and subsequently committed to the Standing Committee on Labour and Social Welfare for consideration pursuant to the Standing Orders.

The Petition was submitted through the Clerk of the Senate by Ms. Beatrice Likwop on behalf of persons living with invisible disabilities.

Theissuesraised inthePetition are asfollows,that-

• a) The Government of Kenya has failed to adequately recognize and include persons living with invisible disabilities at both the national and the county levels;
• b) The Ministry of Health, Ministry of Labour and Social Protection, National Council for Persons with Disabilities (NCPWD) policies have barriers which deny people living with disabilities access to life saving essential treatments and medicines. threatening episodes;
• c) Specialised services like the EEG and ECG equipment are not available nor affordable at the grassroots;
• d) That the NCPWD and Ministry of Labour and Social Protection has inadequate programs for people living with invisible disabilities; and
• e) Corruption plays a major role in the allocation of benefits, funds, and job opportunities within relevant government bodies and stakeholder organizations such as the Red Cross and World Vision,where these opportunities are often reserved primarily for individuals with physical disabilities.

CHAIRPERSON'SFOREWORD

The Petitioner prays that the Senate petitions the government -

• (a)for recognition and inclusion of people living with invisible disabilities in
• (b)to ensure consistent supply and availability of essential medicines and treatments in referral hospitals and the requisite specialists.

The Committee held nine (9) sittings with the relevant stakeholders on various dates and received submissions on the petition, during which it observed that -

• a) Kenya's legislative and policy framework demonstrates recognition of invisible disabilities, with the Person with Disabilities Act, 2025 mandating the government to promote awareness about the rights of persons with disabilities through mass media, education systems, and public campaigns.
• b) There is lack of disaggregated data on invisible disabilities, which hampers effective planning and resource allocation.
• c) There is also lack of Public Awareness Campaigns to address misconceptions that persist about invisible disabilities (e.g., equating epilepsy with witchcraft) or Misclassification (invisible disabilities are often lumped with visible ones.

4. there is lack of concrete action plans, measurable deliverables, and time-bound frameworkstoaddresstheissuesraisedfromthesubmissionfromthestakeholders especially the Ministry of Labour and Social Protection, the Ministry of Health and the County governments.

The Committee recommended the following among others, that -

• a) The National and County Governments, within six months, fully implement the Persons with Disabilities Act, 2025 as it adequately addresses the concerns raised by the petitioners.

• b) The National Council for Persons with Disabilities develop guidelines for classification, registration, and support of persons with invisible disabilities within three months and report to the Committee.
• c) The National Council for Persons with Disabilities (NCPWD), within three months, in collaboration with relevant government agencies establish of a robust Monitoring with Disabilities Act, 2025, with a specific focus on invisible disabilities and submit an annual progress report to the Committee for review and legislative follow-up.
• d) The Ministry of Labour and Social Protection, the Ministry of Health and the County county levels to raise awareness about invisible disabilities and the rights guaranteed under the law.
• e) The Ministry of Health, in collaboration with county governments, should within three months develop and implement a phased plan to provide essential services to the grassroots.

The Committee thanks the Offices of the Speaker of the Senate and the Clerk of the Senate for the support extended to the Committeein the execution ofits mandate.The Committee further extends its appreciation to the Petitioner, Ms. Beatrice Likwop on behalf of persons living with invisible disabilities.

Mr. Speaker Sir,

It is now my pleasant duty and privilege, on behalf of the Committee, to present this Report of the Standing Committee on Labour and Social Welfare on the Petition concerning persons living with invisible disabilities.

SIGNATURE:

DATE:Friday,21stNovember,2025

CHAIRPERSON: SEN.JULIUS MURGOR RECHA, CBS, MP STANDINGCOMMITTEEONLABOURANDSOCIALWELFARE

1.1THEPETITION

1. The Petition was reported to the Senate by the Speaker on Wednesday, 2nd October, 2024, and subsequently committed to the Standing Committee on Labour and Social Welfare for consideration pursuant to the Standing Orders. 2. 2.The Petition was submitted through the Clerk of the Senate by Ms. Beatrice Likwop onbehalfof persons livingwithinvisibledisability. 3. 3.The issues raised in thePetition are as follows - 4. a)The Government of Kenya has failed to adequately recognize and include persons living with invisible disabilities. They are unacknowledged and excluded from government policies and management strategies. Children and adults with invisible disabilities are not represented at any level of governance, from grassroots authorities to the national government. Moreover, they exhibit behaviours, emotions,and needs that are distinct from those of individuals with physical disabilities;

• b) That the Ministry of Health, Ministry of Labour and Social Protection, NCPWD policies have barriers which deny people living with disabilities access to life saving essential treatments and medicines which are critical for managing invisible disabilities and preventing life-threatening episodes. The attacks result in physical injuries and severely affect theindividual's mental, emotional, and behavioural wellbeing which occasionally lead to suicides to end the agony. Others endure silent suffering, often succumbing to their conditions due to unaffordable medication. NHIF contributions have only covered registration forms, not essential treatments. Essential medicine is not available in referral hospitals;
• c) That the undersigned requires constant essential medicine, neurologist, cardiologist services once in a year which are not available in county referral hospitals. EEG and

CHAPTER1:INTRODUCTION

• ECGequipmentnotavailable.Theservicesarenotaffordableinprivatehospitals. The nearest government hospitals are MTRH and Nakuru PGH which she is unable to finance the travelling and service costs;
• d) That the NCPWD and Ministry of Labour and Social Protection have not set programs for people living with invisible disabilities. Current programs, government and donor funds, as stated and enforced by the NCPWD and the Ministry, require that only persons with disabilities who are bedridden and have caregivers qualify as beneficiaries; and
• e) Corruption plays a major role in the allocation of benefits, funds, and job opportunitieswithinrelevantgovernmentbodies andstakeholder organizationssuch as the Red Cross and World Vision, where these opportunities are often reserved primarily for individuals with physical disabilities. The Ministry of Labour and SocialProtection,PWDcommittee/representativeshave allowedcorruption to infiltrate the entire system. Applications from people with invisible disabilities are often rejected, especially if they are unwilling to engage in corruption or lack connections to sub-county authorities.

1.2PRAYERSTOTHESENATE

4.The Petitioner prays that the Senate -

• a) Petitions the government to recognize and include people living with invisible disabilities in government policies and management strategies. Sensitize society and medics to minimize stigma and discrimination;
• b) Petitions the government to ensure consistent supply and availability of essential medicines and treatments in referral hospitals. Deploy specialists for invisible disability conditions annually in referral hospitals. Additionally,

• suicide, promote interaction among persons with similar categories of disabilities, and provide reasonable financial support—up to KES 6,0o0—to help cover basic needs; and
• Petitions for the inclusion of a representative for persons with invisible The government to provide equitable access to benefits, funds, job opportunities, and programs tailored to this group. Remove all barriers that prevent individuals with invisible disabilities from receiving support and emphasize the importance of offering assistance throughout their entire journey—not just when they become bedridden.
• 5.Standing order 238 provides that the committee shall table its report on a Petition after consideration.

1.3BACKGROUNDINFORMATION

6. Invisible disabilities arehealth conditions that significantlyimpact dailylife but are notphysicallyapparenttoothers.Theseincludementalhealthdisorderslike depression, chronic illnesses such as diabetes or fibromyalgia, neurological conditions including autism or attention deficiency hyperactivity disorder (ADHD), and pain-related disorders like arthritis. 7. While these disabilities are not visible, they cause real challenges with focus, energy, pain, or emotional regulation. A key characteristic is that symptoms often fluctuate someonemightfunctionwell onedaybutstrugglethenext. 3. Unfortunately, because these disabilities are not obvious, those affected frequently 4. face scepticism about their condition, lack of accommodations, and social stigma,

eventhoughtheirneedsandlimitationsarejustaslegitimateasmorevisible disabilities.

9. In Kenya, individuals experiencing psychosocial crises—such as schizophrenia—are often labelled as'mentally ill'.They internalize thislabel,viewing themselves as incapable of exercising their rights. 10. Society often stigmatizes them as 'insane,''possessed,' or "bewitched. As a result, persons undergoing such mental crises are feared and believed to be dangerous to themselves and others. They are excluded and isolated from mainstream society and denied any life opportunity due to a believe that they are dangerous and fully incapable.1 3. 11.The United Nations highlights that individuals living with invisible disabilities in Kenya often endure extreme trauma and social ostracism,including acts such as torture, exile, forced captivity, and involuntary institutionalization. 12. Those with severe and profound conditions are frequently unaware of their rights, as their caregivers deliberately withhold this information. Meanwhile, individuals with mild to moderate conditions, although aware of their rights,often face retaliation when they attempt to assert them—this includes forced medication, as well as 13. UN further highlights that further exacerbating factors affecting those living with invisible disabilities include the unavailability of trained medical professionals citing that there are very few psychiatric medics in the whole country. Additionally, the high

1 UN: Persons Living with Psychosocial Disabilities in Kenya https://www.un.org/disabilities/documents/mentaldisabilitieskenya.doc

2 Disability Rights International (DRI). (2021). Infanticide and abuse: Killing and confinement of children with disabilitiesinKenya.DisabilityRightsInternational.Retrievedfrom https://www.driadvocacy.org/reports/infanticide-and-abuse-killing-and-confinement-children-disabilities-kenya

cost of mental institutions and medication hinders these persons from accessing medicalassistance.

14. It is evident that policy makers in Kenya only recognize those with mental illness as mentally ill however they fail to recognise the disability aspect of it which the United Nations has coined the phrase ^Psychosocial disability'. The UN recommendations onthematteraretwofold3;

• i. Persons living with mental illnesses and psychosocial disabilities in Kenya, need urgent recognition as persons with invisible disabilities in order to benefit from rights currently provided for in Kenya's Persons with Disability Act, 2025; and
• ii. In order to have institutional policy that are sensitive to the special needs of persons with psychosocial disabilities, there is urgent need of sensitising professionals, policy makers, and members of the public on disability rights of persons living with mental illnesses.

15. Challenges facing people living with invisible disabilities as emphasised by the Petitioner, are very specific and unique challenges. These challenges are unique to their disability and must be acknowledged through awareness and management. Someofthesechallengesincludebut not limited to- 5. a)Thereisanationwideignoranceof thedisabilitydue to theinvisibilityof their conditions. This results in their concernsbeing dismissed as well as societal exclusion.Communities arequicktodismiss them andsubject theindividualsto torture,forced institutionalisation, degrading and inhumane treatment;

• b) Unavailability of medical professionals trained in treating psychosocial disabilities in public health facilities. This leads to high cost of medical attention

3United Nations Committee on the Rights of Persons with Disabilities. (2014). General Comment No. 1 (2014) on Article12:Equalrecognitionbeforethelaw.CRPD.Retrievedfromhttps://www.ohchr.org/en/documents/generalcomments-and-recommendations/general-comment-no1-2014-article-12-equal-recognition

• as theymustrelyonprivatemedicalinstitutionswhichisunsustainableand inequitable;
• c) The petitioner highlighted that the NCPWD has failed to recognize this group which has resulted in lack of access to the protections, interventions and initiatives targeted towards PWDs; and
• d)Exclusion from education and the workforce,whichleads to their economic disenfranchisement.Thesepsychosocialdisabilities are often mistaken for mental illness and the lack of sensitization on the disability leads the society to avoid affording these individuals opportunities whether in the educational institutions as well as the workforce. This creates a cycle of poverty, desperation anddestitutionwhichfurthermagnifiesthecondition andcanlead tosuicide as evidenced by thePetitioner's submissions.

1.4LEGALPROVISIONS

1.4.1TheConstitution

• 16.Article 10 of the Constitution provides for national values and principles of governance. It states that all state organs, state officers and public officers are bound by the principles of human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised, among others.

17. Article 27 (4) of the Constitution provides for equality and freedom from discrimination.It provides that theState or a person shall not discriminate directly on indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience,belief, culture, dress,language or birth.

18. Article 43 provides for economic and social rights. It states that every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care. Everyone also has the right to accessible and adequate housing, and to reasonable standards of sanitation. Every person has the right to be free from hunger, and to have adequate food of acceptable quality. 2. 19.The Constitution also guarantees the right to clean and safe water in adequate quantities. In addition, every individual has the right to social security and to education. Further, under Article 43(2), the State is obligated to provide appropriate social security to persons who are unable to support themselves and their dependents. 3. 20.Article 54 of the Constitution on persons with disabilities provides that a person with any disability is entitled to - 4. (a) )be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning; 5. (b) accesseducationalinstitutions andfacilitiesforpersonswithdisabilitiesthat areintegratedintosociety to theextentcompatiblewiththeinterestsof the person; 6. (c) reasonable access toall places,public transport and information; 7. (p) use Sign language, Braille or other appropriate means of communication; and 8. (e) accessmaterialsanddevicestoovercomeconstraintsarisingfromthe person's disability.

1.4.2ThePersonswithDisabilitiesAct,2025

21. The new Persons with Disabilities Act, 2025 explicitly defines invisible disabilities. The term disability in the Act in the preliminary states that "disability" includes any

physical, sensory, mental, psychological or other impairment, condition or illness that has or is perceived to have a substantial or long-term effect on an individual's ability tocarryoutordinarydaytodayactivities.

• 22.The explicit recognition of invisible disabilities in law ensures that people with invisible disabilities are entitled to the same rights, support, accommodations, and protections as those with visible disabilities. It also means that institutions—like schools, employers, and public services—are now legally required to make reasonableaccommodationsforpeoplewiththeseless-visibleconditions,promote awareness, and reduce stigma.
• 23.Essentially,thedefinition of invisibledisabilityintheActbroadensthescope of disability inclusion and brings more equity to those who often face misunderstanding or discrimination due to the "hidden"nature oftheir disabilities.

24. The Persons with Disabilities Act (2025) explicitly addresses the need to sensitize society and medical professionals to reduce stigma and discrimination against persons with disabilities. Under the obligations of the national government, Article 4 (d) the national government should provide facilities and infrastructure for the training of professionals in the rehabilitation and habilitation of persons with disability. In the same article,(l) the national government is mandated to ensure equity in the distribution of resources to all categories of disabilities. 25. The Act mandates both national and county governments to ensure that persons with disabilitieshaveaccesstoessentialhealthcareservices,asprovidedunderArticle 24(1) and (5). These provisions guarantee the right to the highest attainable standard of health, including entitlement to free medical care and treatment in public health institutions. The Act emphasizes the development of policies and infrastructure to supportthehealthneedsofpersonswithdisabilities,ensuringthatservicesare inclusiveandaccessible.

• 26.The Act states that the Council shall be represented in the implementation of the National and County Health Programs under the Cabinet Secretary and County executive committee responsible for health for the purpose ofavailing health services and field medical personnel to persons with disabilities at an affordable cost.

27. The Act provides incentives to the private sector that employs any persons with disabilities. Under the obligations of the national and county governments as outlined in Article 4 of the Act, the government is required to promote the inclusion and integration of persons with disabilities into the public service by ensuring that at least five percent of employment positions are reserved for them. Additionally, it must adopt affirmative action measures in public procurement by implementing preferential procurement policies for individuals or entities managed by persons with disabilities.

1.4.3OtherStatutoryprovisions

SocialHealthInsuranceAct,2023

28. This Act introduces a comprehensive social health insurance scheme aimed at providing financial protection and equitable access to healthcare services for all Kenyans, including persons with disabilities. It establishes the Social Health Authority, which manages various health funds to ensure inclusive healthcare coverage. 29. The Act establishes Emergency, Chronic, and Critical Illness Fund that covers costs associated with chronic illnesses and emergencies after the depletion of SHIF benefits. Chronic illness is defined as a condition lasting one year or more, requiring ongoing medical attention or limiting daily activities.

ThePersonswithDisabilitiesNational Policy (2024)

• 30.The Persons with Disabilities National Policy (2024) provides a comprehensive framework to promote the rights, inclusion, and empowerment of persons with disabilities in Kenya, aligning with constitutional provisions (Article 43, 54) and international commitments like the UN Convention on the Rights of Persons with Disabilities (CRPD).

31. The policy addresses 26 thematic areas, including early identification, education, employment, health, social protection, and accessibility, with a focus on eliminating barriers such as attitudinal, environmental, and institutional discrimination. 32. It explicitly includes mental, chronic, and autoimmune illnesses under its definition of disability, recognizing "long-term physical, mental, intellectual, or sensory impairments" and highlighting the need for tailored interventions for persons with psychosocial disabilities. The policy emphasizes accessible healthcare including reproductivehealthservices, and mandatesreasonable accommodations in all sectors. For invisible disabilities, it calls for inclusive data collection and awareness campaigns to address stigma. 33. The government commits to supporting these groups through social protection programs (e.g., cash transfers) rehabilitation services, and accessible information. Additionally, it prioritizes deinstitutionalization and safeguards legal capacity for persons with psychosocial or intellectual disabilities. The policy's implementation involves multi-sectoral coordination and periodic reviews to ensure inclusivity.

CHAPTER2:CONDUCTANDPROCEEDINGSOFTHECOMMITTEE

• 34.This section of the report summarises the Committee's engagement with petitioners and other stakeholders relevant to the matters brought forward in the petition. In all meetings,thecommon denominatorwere thepetitioners,whoseinteractionwith other stakeholders allowed the issue to be addressed conclusively.

35. The Committee had held a meeting with the Petitioners on Tuesday, 29th October, 2024.

• 36.The Committee had sittings with the relevant stakeholders on various dates and received submissions on the petition.

2.1SUBMISSIONSFROMTHEPETITIONERS

• 37.The Differently Talented Society of Kenya (DTSK) submitted to the Senate Standing Committee on Labour and Social Welfare regarding challenges faced by persons with invisible disabilities. DTSK is a registered organization that supports persons with autism spectrum disorders and their caregivers, and they submitted their views following a petition by Beatrice Likwop on invisible disabilities.

38. The organization defines invisible disabilities as conditions that are not immediately apparent but substantially limit a person's ability to perform daily living activities, including psychosocial disabilities from mental health conditions, autism and neurodevelopmental disabilities, and progressive chronic conditions like cancer, multiple sclerosis, and epilepsy. They argue that while these disabilities aren't explicitly mentioned in current legislation, they are protected under Kenya's Constitution and disability laws.

• 39.DTSKpresents ninekey recommendations:legal recognition ofinvisible disabilities in legislative frameworks, disaggregated data collection during census and surveys, deployment of rehabilitation professionals to community levels, provision of essentialmedications atlocalhealthcarefacilities,explicitinclusioninsocial protection programs, expansion of assistive device policies to include communication aids, public awareness training for police and health workers, recognition of identification tools like sunflower lanyards for discreet identification of hidden disabilities,andcoordinationbetweenrelevantministriesandstakeholderstoaddress systemicbarriers.

40. Their submission emphasizes that persons with invisible disabilities face unique challenges in accessing services and support because their conditions are not visibly

2.2THE SUBMISSION FROM THE MINISTRY OFHEALTH

41. The Ministry of Health responded to the petition concerning persons with invisible disabilities, acknowledging the advocacy of the petitioner, Beatrice, and affirming the government's commitment to Universal Health Coverage (UHC). The Ministry of Health in the response recognized the importance of addressing the challenges facedbyindividualswithinvisibledisabilitiesaswell astalked aboutlonghistoryof advocatingfor the rights of persons with disabilities. 42. The Ministry stated that it has been involved in assessing and categorizing disabilities since 2008, leading to the registration of over 600,000 PWDs by 2022. Further, stated thatitdeveloped aDisabilityMedicalAssessmentandCategorizationGuidelinesin 2022. The guidelines adopted the International Classification of Functioning, Disability, and Health (ICF) model.

• 43.Itnoted that theDisabilityMedical AssessmentandCategorization Guidelines include domains such as physical disabilities, visual impairments, mental health disorders, and progressive chronic conditions. Which Invisible disabilities can fall into various domains, including neurological and musculoskeletal conditions under the chronicprogressive disability domain.

44. In its response to the petition, the ministry stated that the ICF provides a holistic evaluation,consideringmental,social,and environmental dimensions ofhealth.The ICFemphasizesanindividual'scapabilities and thebarriers theyface,notjust medical diagnoses. The ICF highlights the need for societal and environmental adjustments to support individuals with invisible disabilities.

• 45.The Ministry stated that the Social Health Authority has created three funds:The Primary Health Care Fund, the Social Health Insurance Fund, and the Emergency, Chronic,and Critical IllnessFund. Thesefunds aim to expand access tohealthcare services for all Kenyans and eliminate financial barriers. The funds collectively improve access to care for individuals with disabilities, including those with invisible disabilities.
• 46.The Ministry also specified that it established the Rehabilitation Services Technical Working Group (TWG) in 2023 to address challenges faced by persons with disabilities in accessing healthcare services. The TWG includes representatives from organizations for PWDs, government agencies, and training institutions. PWDs with invisible disabilities are encouraged to provide input to the TWG on how to improve accesstohealthcareandrehabilitationservices.

PROTECTION

• 47.The response from the State Department for Social Protection and Senior Citizens Affairs outlines the Ministry's efforts and initiatives to address the concerns raised, while also deferring some issues to other relevant ministries. In the response the Ministry stated that the Ministry of Health developed the Disability Medical Assessment and Categorization Guidelines (2022) to standardize the assessment and categorization of disabilities, including invisible disabilities. These guidelines align with the Convention on the Rights of Persons with Disabilities (CRPD).
• 48.It further noted that the Ministry of Health and Kenya Medical Supplies Authority (KEMSA) are better placed to provide information on healthcare accessibility, medication availability, and services under the Social Health Insurance Fund (SHIF).

49. The Ministry stated that it advocates for the reservation of 5% of casual, emergency, and contractual positions in both public and private sectors for persons with disabilities, as per the Persons with Disabilities Act (Cap 133). In addition, The Ministry runs an Education Assistance Programme to support persons with disabilities in primary, secondary, vocational, and university education, aiming to improve their employment prospects. 50. The Ministry also stated that it implements an Autism and Related Developmental Disorders Support Programme, which provides early identification, therapy, essential drugs, and adult diapers for 6,000 individuals with autism, cerebral palsy, Down syndrome, epilepsy, and intellectual disabilities.

• 51.The response highlighted that the Ministry administers a Cash Transfer Programme for Persons with Severe Disabilities (PWSD-CT), targeting extremely poor

householdswithseverelydisabledindividuals.Theprogramaimstoimprove livelihoods and mitigate the effects of disability on households.

• 52.The Ministry also conducts sensitization programs across the country to educate the public on disability rights, reduce stigma, and promote inclusion. This includes the InternationalDayforPersonswithDisabilitiescelebratedonDecember3rd.A Disability Awareness Creation Booklet has been developed, and regional sensitizationforums areheld to educate communities on disabilityissues.

53. The Ministry also specified that in partnership with stakeholders, launched the NCPWD Career Portal to address barriers to employment for persons with disabilities. The portal aims to create a database of qualified candidates with disabilities and link them to potential employers, helping the government achieve the 5% employment quota for persons with disabilities. 54. The Ministry defers some issues to other ministries. It stated that various Ministries and State Departments are assigned functions based on their mandates. The Ministry of Environment is better placed to provide the environmental status of the country in relation to prevention of pollution.

• 55.The MLSP added that the Ministry of Health would be better placed to provide accurate information in relation to NHIF currently SHIF on the processes of accessing the universal health care and the Ministry of Lands, Public Works, Housing, and Urban Development: For data on building accessibility and health facility designs.

56. During the oral presentation by the officials as well as senators there were discussions whether individuals with invisible disabilities could be optionally identified using discreetwristbandsorwearableidentifierstoensuretheyreceive appropriatesupport during emergencies or episodes.

57. However, Senators stated that wearing a wristband to identify individuals with invisible disabilities can aid in emergencies but also poses risks to privacy and safety. While intended to offer protection, such identifiers may expose people to stigma, discrimination, or targeted abuse, especially in societies where these conditions are misunderstood. 58. There was also discussion on a proposal to integrate education on invisible disabilities into the school curriculum from an early age, with the aim of promoting inclusion, fostering understanding, and reducing stigma associated with these conditions. 59. The Ministry concluded by adding that significant budgetary constraints resulting from government funding cuts have impeded the effective implementation of targeted programs and support services.

2.3SUBMISSIONSFROMTHECOUNCILOFGOVERNORS

• 60.The COG acknowledges that while the concept of invisible disabilities is critical, it remains relatively new in policy discourse, leading to a lack of clear direction at both national and county levels. Despite this, the COG commends the petitioner for highlighting this overlooked issue and provides a detailed report on current interventions and challenges.

61. County governments have made progress in addressing invisible disabilities through various measures. These include developing disability laws and policies that acknowledge invisible disabilities, decentralizing medical assessments to make them more accessible, and establishing mental health units and support services. 62. Awareness campaigns led by Community Health Promoters aim to reduce stigma and identify cases early. Social protection initiatives, such as disability funds and economic empowerment programs, have been implemented in counties like Wajir.

63. Additionally, counties are improving documentation through digital systems, promoting inclusive education, and providing assistive devices. Training programs for county officials and health promoters are also being conducted to enhance disability inclusion. 64. However, significant challenges persist. Policy gaps remain, particularly the lack of explicit direction on invisible disabilities. Public hospitals struggle with inconsistent medicine supplies, and budgetary constraints limit the rollout of specialized programs. 65. There is a shortage of skilled specialists, such as psychiatrists and occupational therapists, and a lack of disaggregated data on invisible disabilities. Stigma and cultural misconceptions further hinder acceptance and treatment. Another issue is the lumping of invisible disabilities with general disability categories, which leads to inadequate attention and skewed funding priorities. 4. 66.The COG concluded by listing some recommendations to address these challenges such as institutionalizing training and awareness, reviewing national legislation to explicitly recognize invisible disabilities, and mandating the National Council for Persons with Disabilities (NCPWD) to develop specific guidelines. 5. 67.The Committee noted that COG's submission underscored the need for coordinated efforts to ensure equitable inclusion and support for persons with invisible disabilities across Kenya, and encouraged county governments to create inclusive programs and policies, expand social protection schemes, and enhance funding for communitybased rehabilitation and psychosocial supportservices.

CHAPTER3:EMERGINGISSUES

69. Following comprehensive engagement with the petitioner and stakeholders, including the Ministry of Health, the Ministry of Labour and Social Protection, and the Council of Governors, the Committee identified several critical issues that require urgent attentionandintervention.

3.1RECOGNITIONANDDEFINITION OFINVISIBLEDISABILITIES

70. While the Persons with Disabilities Act, 2025 explicitly recognizes invisible disabilities in its definition of disability, there remains a significant gap between legal recognition and practical implementation. Invisible disabilities—including psychosocial disabilities, chronic illnesses, neurological conditions, and mental health disorders—continue to be poorly understood by society, healthcare providers, and even implementing agencies. The Committee observed that persons with invisible disabilities face unique challenges stemming from the non-visible nature of their conditions, which often leads to their exclusion from support systems designed for personswith disabilities.

3.2HEALTHCAREACCESSANDSERVICEDELIVERY GAPS

71. The Committee noted significant barriers in accessing essential healthcare services for persons with invisible disabilities. These include the unavailability of specialized medical professionals such as neurologists, psychiatrists, and cardiologists in county referral hospitals; inconsistent supply of essential medications in public health facilities; lack of diagnostic equipment such as EEG and ECG machines at county level; and the high cost of accessing specialized care in private facilities. The petitioner's testimony that NHIF contributions covered only registration forms rather than essential treatments highlighted systemic failures in health insurance coverage forinvisibledisabilities.

3.3DATACOLLECTIONANDDOCUMENTATIONCHALLENGES

72. The Committee identified a critical gap in disaggregated data on persons with invisible disabilities. Without accurate data on the prevalence, distribution, and specific needs of this population, effective planning, resource allocation, and programme design remain severely compromised. Current disability registration systems and census methodologies do not adequately capture invisible disabilities, rendering this group invisible not only physically but also statistically.

3.4SOCIALPROTECTIONANDECONOMICINCLUSION

73. The Committee found that current social protection programmes, including the Cash Transfer Programme for Persons with Severe Disabilities and employment quota systems, inadvertently exclude persons with invisible disabilities. The criteria requiring beneficiaries to be bedridden with caregivers effectively disqualifies persons with invisible disabilities who, despite significant functional limitations, may not meet these narrow criteria. Similarly, the 5% employment reservation in the public and private sectors disproportionately benefits persons with visible disabilities, leaving those with invisible disabilities marginalized.

3.5 STIGMA,DISCRIMINATION,ANDSOCIETALATTITUDES

• 74.The Committee observed that persons with invisible disabilities face profound stigma and discrimination rooted in misconceptions and lack of awareness. Conditions such as epilepsy, mental health disorders, and autism are often attributed to witchcraft, possession, or moral failing, leading to social ostracism, forced institutionalization, and denial of opportunities. The invisibility of these conditions makes it difficult for accusations of malingering.

3.6CORRUPTIONANDSYSTEMICBARRIERS

75. The petition raised serious allegations of corruption in the allocation of disability benefits, funds, and employment opportunities. The Committee noted concerns that applications from persons with invisible disabilities are frequently rejected unless they engage in corrupt practices or have connections to sub-county authorities. This systemic corruption undermines the integrity of disability support systems and perpetuates inequality among persons with disabilities.

3.7POLICYIMPLEMENTATIONGAPS

76. While the legislative and policy framework, including the Persons with Disabilities Act, 2025 and the National Persons with Disabilities Policy, 2024, provides comprehensive protections, the Committee identified significant gaps in implementation. Many provisions remain on paper without accompanying regulations, operational guidelines, budgetary allocations, or accountability mechanisms. County governments, while making commendable efforts, lack clear national direction on addressing invisible disabilities specifically.

3.8BUDGETARY CONSTRAINTS AND RESOURCE ALLOCATION:

77. Both the Ministry of Labour and Social Protection and the Council of Governors cited for persons with disabilities, including those with invisible disabilities. Funding cuts have limited the rollout of specialized services, awareness campaigns, and social protection schemes, threatening the realization of constitutional and statutory rights for this vulnerablepopulation.

3.9COORDINATIONANDINTER-MINISTERIAL COLLABORATION

• 78.The Committee observed fragmentation in the delivery of services to persons with invisible disabilities, with various ministries—Health, Labour and Social Protection, Education—operating in silos. This lack of coordination results in gaps, duplication, andinefficiencies.The absenceof aunifiedapproachhamperscomprehensive support that addresses the multifaceted needs of persons with invisible disabilities across health, education, employment, and social protection sectors.

3.10MENTALHEALTHANDPSYCHOSOCIALSUPPORTSERVICES

79. The Committee noted the critical shortage of mental health and psychosocial support services in Kenya, with very few psychiatric professionals available nationwide. This surrounding it, leaves persons with psychosocial disabilities particularly vulnerable. The lack of community-based mental health services means that many individuals go untreated or are subjected to harmful traditional practices.

3.11IDENTIFICATIONANDEMERGENCYRESPONSE

• 80.During deliberations, the issue of discreet identification mechanisms for persons with invisible disabilities arose. While tools such as sunflower lanyards or wristbands could facilitate appropriate support during emergencies or episodes, concerns were raised about privacy,safety,and the potential for such identifiers to expose individuals to stigma, discrimination, or targeted abuse, especially in contexts where invisibledisabilitiesaremisunderstood.

3.12EDUCATIONALINCLUSIONANDEARLYINTERVENTION:

81. The Committee identified gaps in the education system's capacity to identify, accommodate, and support children with invisible disabilities. The lack of trained special needs educators, inadequate screening mechanisms for early identification, and insufficient awareness among teachers and administrators contribute to the exclusion of these children from mainstream education, perpetuating cycles of marginalization and limiting future opportunities.

CHAPTER4:COMMITTEEOBSERVATIONS&RECOMMENDATIONS

4.1COMMITTEEOBSERVATIONS

82.The Committeemade observations on thePetition asfollows-

1. Kenya's legislative and policy framework demonstrates recognition of invisibledisabilities.ThePersonswithDisabilitiesAct,2025andrelated statutory laws mark a transformative shift by explicitly recognizing and protecting the rights of persons with invisible disabilities. Additionally, the National Persons with Disabilities Policy, 2024 shows commitment by the government to provide policy direction, services, and programmes for persons with disabilities;

• II. The Person with Disabilities Act, 2025 emphasizes the government to promote awareness about the rights of persons with disabilities through mass media, education systems, and public campaigns. Without widespread awareness, many people living with invisible disabilities may continue to suffer in silence, excluded from services meant to support them;
• III. There is lack of disaggregated data on invisible disabilities, which hampers effective planning and resource allocation;
• IV. T There is also lack of Public Awareness Campaigns to address misconceptions that persist about invisible disabilities (e.g., equating epilepsy with witchcraft) or Misclassification (invisible disabilities are often lumped with visible ones.); and
• V. While acknowledging the challenges faced by persons with invisible disabilities, there is lack of concrete action plans, measurable deliverables, and time-boundframeworks to address theissues raisedfromthesubmissionfrom the stakeholders especially the Ministry of Labour and Social Protection.

4.2COMMITTEERECOMMENDATIONS

• 83.The Committee having considered the petition in accordance with its mandate recommends the following -
• i. The National and County Governments, within six months, fully implement the Persons with Disabilities Act, 2025 as it adequately addresses the concerns raised by the petitioners;
• ii. The National Council for Persons with Disabilities develop guidelines for classification, registration, and support of persons with invisible disabilities within three months and report to the Committee;
• ii。 The National Council for Persons with Disabilities (NCPWD), within three months, in collaboration with relevant government agencies establish of a robust Monitoring and Evaluation framework to track the implementation and impact of the Persons with Disabilities Act, 2025, with a specific focus on invisible disabilities and submit an annual progress report to the Committee for review and legislative follow-up;
• iv. TheMinistry of Labour andSocial Protection, theMinistry of Health and the County governments immediately launch targeted public education campaigns at national and countylevelstoraiseawareness aboutinvisibledisabilities and the rights guaranteed under the law;
• V. The Ministry of Health, in collaboration with county governments, should within three months develop and implement a phased plan to provide essential services to the grassroots;
• vi. The relevant oversight bodies, including the Directorate of Criminal Investigations, and Ethics and Anti-Corruption Commission (EACC), should
• allocation of disability benefits, funds, and employment opportunities,

• with specific attention to discrimination against persons with invisible disabilities and report back to the Committee within three months; and
• b. Implement a public complaint mechanism, within one month specifically for persons with invisible disabilities to report discrimination or corruption in accessing services and benefits.

LISTOFAPPENDICES

1. Minutes of the proceedings 2. 2.Copy of the Petition 3. 3.Submission from thePetitioner 4. Submissions from the Ministry of Labour and Social Protection 5. Submissions from the Ministry of Health 6. 6.Submissionsfrom the Council of Governors 7. Disability Medical Assessment and Categorization Guidelines, 2022

APPENDIX 1:MINUTES OF THE PROCEEDINGS

COMMITTEEONLABOURANDSOCIALWELFAREHELDINCONFERENCE MEETING ROOM 1 &2,CROWNE PLAZA,HOTEL,MACHAKOS COUNTY ONFRIDAY,21STNOVEMBER,2025AT3.00PM.

MEMBERSPRESENT

1. Sen. Julius Recha Murgor, CBS, MP

• Chairperson

2. Sen. Alexander Munyi Mundigi, MP

-Member-virtually

3. Sen. Joe Nyutu, MP

-Member

4. Sen.MirajAbdulahiAbdulrahman,MP

-Member- virtually

5. Sen. Beth Syengo, MP

-Member-virtually

APOLOGIES

1. Sen. Crystal Asige, MP

• Vice-Chairperson

• 2.Sen.(Rtd.) Justice Stewart Madzayo,EGH,MP

-Member

• 3.Sen. Erick Okong'o Mogeni, SC, CBS, MP

-Member

• 4.Sen. Lenku Seki Ole Kanar, MP

-Member

SECRETARIAT

• 1.Ms.MwananateShaban

• -Principal ClerkAssistantII

2. Ms.Florence Waweru

• Clerk Assistant II

3. Mr. Jackson Wekesa

• Legal Counsel II

4. Ms. Nigma Adow

• -Research Officer

5. Mr.Nicholas Arusei

• -Audio Officer

• 6.Mr.FrankMutulu

• -Media Relations

7. Mr. James Ngusya

• Serjeant-at-arms

8. Ms. Cnythia Ombaka

• Office Assistant, DLS

MIN/SEN/SCLSW/467/2025: PRAYERS

The meetingwas called to order by the Chairperson at 3.17 p.m.followed by a word of prayer.

MIN/SEN/SCLSW/468/2025: ADOPTIONOFAGENDA

The agenda was adopted after being proposed by Sen. Joe Nyutu, MP and seconded by Sen. Alexander Munyi Mundigi, MP, as follows -

1. Prayer; 2. 2.Adoption of the Agenda; 3. 3.Consideration and adoption of Petition Reports before the Committee- 4. a.Petition on People living with invisible disability. 5. b.Petitionby the former employees of Kenya Co-operatives Creameries concerning thenon-paymentof their terminalbenefits andMaziwaSacco dues. 4. Any Other Business; and 7. 5.Date of theNext Meeting and Adjournment.

MIN/SEN/SCLSW/469/2025:

A.

CONSIDERATIONANDADOPTION OFPETITIONREPORTSBEFORE THECOMMITTEE

Petition onPeoplelivingwith invisible disability.

1. Members noted that the Petition on the plight of persons with invisible disabilities, had been referred to the Committee following its presentation to the Senate on 2nd 2. October2024. 2. It was recalled that thePetitionhad called for Governmentrecognition and inclusion of persons with invisible disabilities in policies and strategies, improved access to treatment and psychological support, and enhanced financial and social support mechanisms. 3. TheCommitteehadatitssittingonFriday,14thNovember2025,considered the draft report, which summarised the engagements held with the petitioner, relevant ministries, and other stakeholders.The report had outlined key concerns raised, including the absence of recognition in Government policies,difficulties in accessing essential healthcare services, corruption affecting benefit allocation, and the psychosocial impact of unaddressed invisible disabilities. 5. 4 The Committee adopted theReport on thePetitionbyMs.Beatrice Likwop concerning persons living with invisible disabilities after being proposed by Sen. Beth Syengo, MP and seconded by Sen.Joe Nyutu, MP.

B. Petitionby theformeremployees ofKenya Co-operativesCreameries concerningthenon-paymentoftheirterminalbenefitsandMaziwaSacco dues

1. Members noted that the Petition concerning former employees of Kenya CooperativesCreameries(KCC),hadbeenreferred totheCommitteefollowingits presentation to theSenate on 9thJuly 2024.ThePetition had highlighted that the affected employeeshad not received their terminal benefits,outstandingMaziwa Sacco dues,orremittedpension andprovidentfundcontributionsfollowing the KCC restructuring. 2. At its sitting on 14thNovember 2025,the Committeehad considered thedraft report,which had summarised engagements with the petitioners,relevant ministries, and other stakeholders. The report had identified key concerns, including delays in the payment of terminal benefits, gaps in the management of employeeretirement contributions,and thefinancialimpact on affected staff. 3. The Committee noted correspondence from the Ministry, Cabinet Secretary, Ministry of Cooperatives & Micro,Small and Medium Enterprises, Ref. MC&MSME/CS/Vol.11/259 dated 7th November, 2025 informing of the progress madeby theInter-Ministerial Committee in verifying and substantiating the outstanding claims of former Kenya Co-operative Creameries employees, collectionofsupportingdocumentation. 4. The Committee further noted the request for additional time and,to ensure a comprehensive report with clear findings and recommendations, approved an extensionofonemonth.ItresolvedtodirecttheInter-MinisterialCommitteeto finalise its work and submit the full report to the Committee by Monday, 5th January,2026,afterwhichtheCommitteewouldundertakeafollow-uponthe implementationof therecommendations. 5. 6.The Committee adopted theReport on thePetition by theformer employees of Kenya Co-operatives Creameries concerning the non-payment of their terminal benefits and Maziwa Sacco after being proposed by Sen. Beth Syengo, MP and seconded by Sen. Joe Nyutu, MP.

MIN/SEN/SCLSW/470/2025: ANYOTHERBUSINESS

Therewasnootherbusiness.

MIN/SEN/SCLSW/471/2025 ADJOURNMENTANDDATEOFTHENEXT MEETING

The meeting was adjourned at 4.23 p.m. the next meeting being the following day.

SIGNATURE..

(CHAIRPERSON: SEN.JULIUS RECHA MURGOR, CBS,MP)

DATE:Tuesday,25thNovember,2025.

MINUTES OF THE SEVENTY EIGHTH (78TH) MEETING OF THE STANDINGCOMMITTEEONLABOURANDSOCIALWELFAREHELDIN LAKENAIVASHARESORTCONFERENCEROOM,NAIVASHA,NAKURU COUNTY ON FRIDAY,14THNOVEMBER, 2025AT 2.00 PM.

MEMBERSPRESENT

1. Sen.Julius Recha Murgor, CBS,MP

• Chairperson

2. Sen.Alexander Munyi Mundigi,MP

-Member-virtually

• 3.

• Sen. Joe Nyutu, MP

-Member

4. Sen.Miraj Abdulahi Abdulrahman,MP

-Member-virtually

APOLOGIES

1. Sen. Crystal Asige, MP

• Vice-Chairperson

2. Sen. (Rtd.) Justice Stewart Madzayo, EGH, MP

-Member

3. Sen. Erick Okong'o Mogeni, SC, CBS, MP

-Member

4. Sen. Lenku Seki Ole Kanar, MP

-Member

5. Sen. Beth Syengo, MP

-Member

SECRETARIAT

• 1.Ms.Mwananate Shaban

• Principal Clerk Assistant II

• 2.Ms.FlorenceWaweru

• Clerk Assistant II

3. Mr. Jackson Wekesa

• Legal Counsel II

• 4.Ms.Ndindi Kibathi

• Research Officer

5. Mr. Johnstone Simiyu

• Audio Officer

6. Ms. Joy Kaama

• Fiscal Analyst

7. Mr. James Ngusya

• Serjeant-at-arms

• 8.Ms.Caroline Mukami

• Secretary, DsEC

MIN/SEN/SCLSW/437/2025: PRAYERS

The meetingwas called to orderby the Chairperson at 2.45 p.m.followed by a word of prayer.

MIN/SEN/SCLSW/438/2025: ADOPTIONOFAGENDA

The agenda was adopted after being proposed by Sen. Joe Nyutu, MP and seconded by Sen. Alexander Munyi Mundigi, MP, as follows -

1. Prayer; 2. 2.Adoption of the Agenda; 3. Consideration of the Committee Report on the Petition on People living with invisible disability. 4. 4.Any Other Business; and 5. Date of the Next Meeting and Adjournment.

MIN/SEN/SCLSW/439/2025:

CONSIDERATIONOFTHE COMMITTEEREPORTONTHE PETITIONONPEOPLELIVINGWITH INVISIBLEDISABILITY

A. Committee briefing

1. The Committee was reminded of the Petition on the plight of persons with invisible disabilities, which had been committed to it following its presentation to theSenateon2ndOctober,2024. 2. Memberswereinformed thatthePetitionsoughtGovernmentrecognition and inclusion of persons with invisible disabilities in policies and strategies, improved access to treatment and psychological support, as well as the provision of financial and social support. 3. The Committee thereafter proceeded to review the report which highlighted findings from the meetings held with the petitioner,relevant ministries, and other stakeholders, highlighting key issues including- lack of recognition and inclusion in government policies,barriers to accessing essential healthcare,corruption affecting allocation of benefits,and the psychosocial impact of unaddressed invisible disabilities.

B. Committeeobservationsandrecommendation

1. The Committee noted that Kenya's legal and policy framework,including the Persons with Disabilities Act,2025,and theNationalPolicy,2024,recognized invisible disabilities and sought to protect the rights of affected persons. However, gaps remained in public awareness, disaggregated data, and concrete, time-bound action plans to address persistent misconceptions, exclusion, and inadequate support. 2. The Committeerecommended full implementation of theAct,development of specific NCPWD guidelines for classification and support, establishment of a monitoring and evaluation framework, and targeted public education campaigns and services.

C Committeeresolution

TheCommitteeresolved todefer the adoptionof theCommitteeReporton the PetitiononPeoplelivingwith invisibledisabilityuntila minimum of five members are present to ensure quorum and adequate representation during consideration.

MIN/SEN/SCLSW/440/2025:

There was no other business.

MIN/SEN/SCLSW/441/2025

ANYOTHERBUSINESS

ADJOURNMENTANDDATEOFTHENEXT MEETING

The meeting was adjourned at 4.30 p.m. the next meeting being on notice.

SIGNATURE:...

(CHAIRPERSON:SEN.JULIUSRECHAMURGOR,CBS,MP)

DATE:Saturday,22ndNovember,2025.

MINUTES OFTHE SEVENTY-FIRST(71ST)MEETINGOF THE STANDING COMMITTEEONLABOURANDSOCIALWELFAREHELDINCOMMITTEE ROOM 2, BUNGE TOWER ON TUESDAY, 29TH OCTOBER, 2024 AT 10.00 A.M.

MEMBERSPRESENT

1. Sen. George Mungai Mbugua, MP

-Vice-Chairperson

2. Sen.(Rtd.) Justice Stewart Madzayo,EGH,MP

-Member

3. Sen. Alexander Munyi Mundigi, MP

-Member

• 4.

• Sen. Miraj Abdulahi Abdulrahman, MP - Member

5. Sen. Crystal Asige, MP

• Member

6. Sen. Gloria Orwoba, MP

• Member

APOLOGIES

• 1.Sen.Julius Murgor Recha,CBS,MP

• Chairperson

2. Sen. Erick Okong'o Mogeni, SC, MP

-Member

• 3.Sen.Mohamed MwinyihajiFaki,CBS,MP

• Member

SECRETARIAT

1. Ms.MwanateShaban

• -Senior ClerkAssistant

• 2.

• Mr. Reinhardt Choge

• Clerk Assistant

3. Mr. Jeremy Chabari

• Legal Counsel

• 4.

• Ms.Ndindi Kibathi

• Research Officer

5. Mr.FrankMutulu

• -MediaRelationsOfficer

6. Mr. Joseph Otieno

• Audio Officer

7. Mr. John Pere

• Sergeant-at-Arms

• 8.

• Ms.SwaluhaYusuf

• Public Communications

IN-ATTENDANCE

1. Ms. Beatrice Likwop

• -Petitioner

• 2.Ms.Alice Mundia

• -DifferentlyTalentedSocietyofKenya

3. Mr. Macharia Njoroge Kenya

• Championing for Inclusive Communities in

MIN/SEN/SCLSW/425/2024: PRAYERS

The Chairperson called the meeting to order at 10.22 a.m. followed by a word of prayer. This was followed by introductions by all present.

MIN/SEN/SCLSW/426/2024: ADOPTIONOFAGENDA

The Agenda was adopted having been proposed by Sen.Alexander Mundigi, MP and seconded by Sen. Crystal Asige, MP as follows -

1. Prayers & Introductions; 2. Adoption of the Agenda; 3. 3.Meeting with the Petitioner and Stakeholders on the Petition concerning people living withinvisible disabilities; 4. 4.Consideration andAdoption of theReport on theProvision of SanitaryTowels Bill, 2024 (Senate Bills No.7 of 2024); 5. 5.Consideration and Adoption of the Report on the Sports (Amendment) Bill, 2024 (Senate Bills No.33 of2024); 6. 6.Consideration and Adoption of the Report on the Public Fundraising Appeals Bill, 2024 (Senate Bills No. 36 of 2024); 7. Any Other Business; and 8. 8.Adjournment/Date of the Next Meeting.

MIN/SEN/SCLSW/427/2024

MEETING WITH THE PETITIONERAND STAKEHOLDERS ON THE PETITION CONCERNING PEOPLE LIVING WITH INVISIBLEDISABILITIES;

The Chairperson informed the Committee of theletterfrom theMinistryof Labour and Social Welfare requesting for a reschedule of the meeting due toother duties.He then welcomed the petitioner and other guests to the meeting and allowed them to make their presentations.

a)PresentationbyMs.BeatriceLikwop

1. Ms. Likwop began by stating that she is a resident of Narok County and has been living with complex invisible disability (status epilepticus bradycardia fibromyalgia). 2. She added that invisible disabilities included people with heart conditions, epilepsy, etc. 3. She stated that the Government of Kenya does not recognise invisible disability and has not included them in the Government policies, programs and management strategies. The Government programs only support persons with severe disabilities. 4. As a result, people leaving with invisible disability are denied access to life saving essential treatment and medicine.This then leads to physical,mental and emotional trauma.

5. Shestated like in her case,she needed to seea cardiologist and a neurologistfrequently and these are not available in county referral hospitals (Level 4),adding that her specialists who are unavailable in lower-level hospitals (Level 4 Hospitals going down to the dispensary level). If she was to access the specialists at private hospitals, the cost is toohigh tobe sustainable,therefore workers shouldbecascaded down to thelowerlevel hospitals. 6. Sheclaims tohavewrittentotheStateDepartment of SocialProtectionfrom 2016 to 2023 on the same but has not received any response. The Community Health Workers also do not seem to know how to recognise and handle persons with invisible disabilities. 7. Themedicinesare alsonot availablein thecountyreferralhospitals andthesociety doesnotseem tounderstand invisibledisabilities.She calledfor sensitizationby the government across both levels (national and county) on invisible disabilities as a large number ofpeople donotknow that these disabilities exist. 8. Thegovernment through theState department of SocialProtectionshould be able to identify and provide stipends to persons with invisible disabilities as most of them are unable to get regular jobs owing to their conditions.

b)PresentationbyMs.AliceMundia

Ms Alice Mundia began by introducing herself as a mother of a child with autism and is part of Differently Talented Society of Kenya, an organisation that advocates for autism awareness, acceptance and inclusion. She identified the gaps that exist in dealing with peoplewith invisible disabilities asfollows -

• 1 High cost of rehabilitative therapies/ interventions.These are essential for the developmentandwellbeingofchildrenwithautismandrelateddevelopmental disabilities and they include occupational, physiotherapy, speech therapy and behavioural therapies. To counter this, she suggested that the country may adopt low priced model similar to theKenya Institute ofSpecial EducationModel and train more professionalsinrehabilitation.

2. Rehabilitative services are not available at lowerlevels inmost sub-countyhospitals, health centres and dispensaries and this is where most patients are.The therapy is mostly available in level 4, 5 and 6 hospitals across the country. She advised that the national government decentralises rehabilitative therapy and the county governments increase staffing and decentralize their services and professions to lower level hospitals.The governments can also train caregivers to enhance continuous therapy in the homes. 3. High cost of medications and supplements which include anticonvulsants, antipsychotic medication and dietary supplements. These can be included in the Social HealthInsuranceFund. 4. Difficultiesin accessingassistive devicesdue toexisting government programs domiciled intheNationalCouncil for PersonswithDisabilitiesleaning towards

provision of mobility devices which leave out those that require communication and sensory assistive devices.

5. Access to therapy in the continuum of care in hospitals, schools and community. 6. Access to appropriate means of communication. 7. High cost of medical assessment for registration. 8. Difficulties accessing mainstream education institutions. 9. Transit challenges leading to difficulties in securing dignified employment later in life. 10. Socio-economic empowerment difficulties. 11. Societal stigma and discriminationwhich haverisen out of communitylabels and misunderstandings and myths. 12. Burden of unpaid care with little community support systems like respite,tax exemptions, Health insurance. 13. Mentalhealthissues.

c) Presentation by Mr.Macharia Njoroge

Mr. Njoroge begun by informing the Committee that he is a person suffering from Social anxiety and Social Disorder, both forms of invisible disability, and stated the following -

1. Mental health services should be deinstitutionalized by stopping construction of mental health institutions and instead move to community-based programs with a holistic multi stakeholder approach; 2. There is need for legal harmonization and constitutional reforms; 3. Work and employment safeguards should be adopted to provide reasonable support systems; 4. Enhanced social protection to provide persons with psychosocial disabilities a housing program, cash transfers and comprehensive medical coverage to cater for all medical costs; 5. Community based support services like support groups, respite centres and gardens should be developed; 6. 6.A flexible curriculum to provide a more inclusive education system; 7. 7.Recognition of persons with psychosocial disabilities; and 8. 8.Thegovernment should conduct proper reintegration tosocietyof personswith psychosocial disabilities that have been illegally detained in prisons or mental health institutions.

d)CommitteeObservations

1. The Committeenoted that thereoverninehundredinvisibledisabilities and that Persons with invisible disabilities need to be legally recognised and properly defined so as not to be confused with long term illnesses; 2. Acknowledged thatmostfamilieshavepersonswithinvisibledisabilities,andconflict arises when some conditions or disabilities are recognised as mental illness; 3. Noted that deafness and low visibility is also a form of invisible disability;

• 4 TheNational Council forPersonswithDisabilities should be invited to update the Committee on the mapping of households in the counties which will guide how the Community Health Promoters will cater to persons with invisible disabilities;

5. TheSocial HealthInsuranceFund and theSocial HealthAuthorityshouldbecalled to brief the Committee on how many disabilities are covered in Universal Health Care and to what extent; and 6. A joint sitting with the Committee on Health is required to ensure that the lower levels of hospitals offer proper services.

MIN/SEN/SCLSW/428/2024

CONSIDERATIONANDADOPTIONOFTHE REPORT ON THE PROVISIONOF SANITARY TOWELS BILL, 2024 (SENATE BILLS NO. 7 OF 2024);

The Agenda item was deferred to the next meeting.

| MIN/SEN/SCLSW/429/2024 | CONSIMDERATIONANDADOPTIONOFTHE | |--------------------------|------------------------------------------| | | REPORT ONTHESPORTS(AMENDMENT) | | | BILL, 2024 (SENATE BILLS NO.33 OF 2024); |

The Agenda item was deferred to the next meeting.

| MIN/SEN/SCLSW/430/2024 | CONSIDERATIONANDADOPTIONOFTHE REPORT ON THE PUBLICFUNDRAISING | |--------------------------|-----------------------------------------------------------------|

The Agenda item was deferred to the next meeting.

MIN/SEN/SCLSW/431/2024 ANYOTHERBUSINESS

There was no other business.

MIN/SEN/SCLSW/432/2024

ADJOURNMENTANDDATEOFTHENEXT MEETING

The meeting was adjpjurned at 11.35 am.

November..o24 ..DATE....uesday...Ith

SIGNED.......

CHAIRPERSON:SEN.JULIUSMURGORRECHA,CBS,MP STANDINGCOMMITTEEONLABOURANDSOCIALWELFARE

MINUTES OF THE SIXTY-FIFTH(65TH)MEETING OF THE STANDING COMMITTEEONLABOURANDSOCIALWELFAREHELDINTAMANISHA BOARDROOM,SAROVAWHITESANDSHOTEL,MOMBASACOUNTYON THURSDAY,4THSEPTEMBER,2025AT2.30P.M.

MEMBERSPRESENT

1. Sen. Julius Recha Murgor, CBS, MP

• Chairperson

2. Sen. Crystal Asige, MP

• Vice-Chairperson

• 3.Sen.MirajAbdulahiAbdulrahman,MP

-Member

APOLOGIES

1. Sen. Erick Okong'o Mogeni, SC, CBS, MP

• Member

• 2.Sen.(Rtd.) JusticeStewart Madzayo,EGH,MP

-Member

3. Sen. Alexander Munyi Mundigi, MP

• Member

• 4.Sen.Lenku Seki OleKanar,MP

-Member

• 5.Sen. Joe Nyutu, MP

-Member

6. Sen. Beth Syengo, MP

-Member

SECRETARIAT

1. Ms. Mwanate Shaban

• Principal Clerk Assistant II

2. Ms. Florence Waweru

• Clerk Assistant II

3. Mr. Jackson Wekesa

• Legal Counsel II

• 4.Ms.Ndindi Kibathi

-Research Officer III

• 5.Mr.Nick Arusei

• Audio Officer

6. Ms. Alice Nanyama

• Executive Secretary, DSEC

7. Mr. James Ngusya

• Serjeant-at-arms

MIN/SEN/SCLSW/361/2025: PRAYERS

The meeting was called to order by the Chairperson at 2.45 p.m. followed by a word of prayer.

MIN/SEN/SCLSW/362/2025: ADOPTIONOFAGENDA

The agenda was adopted after being proposed by Sen. Crystal Asige, MP and seconded by Sen.Miraj Abdullahi,MP,asfollows -

1. Prayer; 2. 2.Adoption of the Agenda; 3. 3.Consideration of the CommitteeReport on thePetition onPeopleliving with invisible disability. 4. Any Other Business; and 5. 5.Date of theNextMeeting and Adjournment.

MIN/SEN/SCLSW/363/2025:CONSIDERATIONOFTHECOMMITTEE REPORTONTHEPETITIONONPEOPLELIVINGWITHINVISIBLE DISABILITY

A. Committee briefing

1. TheCommitteenoted that thePetition on theplightofpersonswith invisible disabilities,whichhadbeencommittedtoitfollowingitspresentation to the Senate on 2nd October, 2024. 2. Members observed that thePetition sought Government recognition and inclusion of persons with invisible disabilities in policies and strategies, improved access to treatment and psychological support, as well as the provision of financial and social support. 3. The Committee observed that it had engaged therelevantMinistries on thematter and had since concluded its consideration of thePetition. 4. The Committee considered the draft petition report and made the following observations andrecommendationsascapturedin theReport.

B. Committeecommentsandobservations

The Committe observed the following-

1. That the legislative and policy framework, particularly the Persons with Disabilities Act,2025 and the National Policy on Persons with Disabilities,2024, had made deliberate efforts to recognize invisible disabilities.They noted that this was a progressive step in aligningKenya's disability agenda with international bestpractice. 2. Members,however,observed that while thelegal framework is comprehensive, its impact will depend on effective implementation. They pointed out the absence of clear action plans, measurable deliverables, and time-bound frameworks from the Ministries concerned, which risked rendering the progressive provisions of the lawineffective. 3. Members also emphasized the urgent need for public awareness and education campaigns to dismantle entrenched misconceptions about invisible disabilities, including stigma, discrimination, and misclassification. They agreed that the National Council for Persons with Disabilities (NCPWD) must take a lead role in spearheading such initiatives.

4. Further,they underscored theimportance of reliable and disaggregated data on invisible disabilities,without which resource allocation and planning would continue to be inadequate. They supported the proposal for the establishment of a robust Monitoring and Evaluation framework,with annual reporting toParliament to facilitate legislative follow-up and accountability. 6. The Committee further noted the need for consistency in terminology,observing that the report alternates between the use of"persons with invisible disabilities" and"people with invisible disabilities."; and 5. The Committee observed that while the recommendations provide a clear framework for addressing the concerns of persons with invisible disabilities, they lack specific timelines for implementation.Members emphasized the importance of assigning clear, time-bound targets to ensure accountability and measurable progress. 7. Members agreed that the report should adopt a single, standardized term, in line with international best practice and the language used in the Persons with Disabilities Act, 2025,which refers to"persons with disabilities."

C Committeeresolution

Due tolackof quorum to adopt the report,the Committeeresolved todefer the adoption of theCommitteeReport on thePetition onPeople livingwithinvisible disability to a later date.

MIN/SEN/SCLSW/364/2025: ANYOTHERBUSINESS

There was no other business.

MIN/SEN/SCLSW/365/2025 ADJOURNMENTANDDATEOFTHENEXT

MEETING

The meeting was adjourned at 3.30 p.m. in readiness for the next meeting.

SIGNATURE:...

(CHAIRPERSON: SEN. JULIUS RECHA MURGOR, CBS, MP)

DATE:Monday,22"dSeptember,2025

MINUTES OF THE SIXTY- SIXTH(66TH)MEETING OF THE STANDING COMMITTEEONLABOURANDSOCIALWELFAREHELDINDESERTROSE ROOM, SERENA BEACHHOTEL ON SATURDAY,26TH OCTOBER,2024 AT 11.40 A.M.

MEMBERSPRESENT

• 1.

• Sen. Julius Murgor Recha, CBS, MP

• Chairperson

2. Sen. George Mungai Mbugua, MP

• Vice-Chairperson

3. Sen. (Rtd.) Justice Stewart Madzayo, EGH, MP

-Member

4. Sen.Mohamed MwinyihajiFaki,CBS,MP

-Member

5. Sen. Miraj Abdulahi Abdulrahman,MP

• Member

6. Sen.Alexander Munyi Mundigi, MP

• Member

7. Sen. Crystal Asige, MP

-Member

• 8.

• Sen.Gloria Orwoba,MP

-Member

APOLOGIES

1. Sen. Erick Okong'o Mogeni, SC, MP

• Member

SECRETARIAT

1. Ms.MwanateShaban

• -Senior Clerk Assistant

2. Mr. Reinhardt Choge

• Clerk Assistant

3. Mr.Jeremy Chabari

• Legal Counsel

4. Ms.Ndindi Kibathi

-Research Officer

5. Mr. Jack Lemeteki

-MediaRelations Officer

6. Mr. Joseph Otieno

• Audio Officer

7. Mr. John Pere

• Sergeant at Arms

8. Ms. Sandra Mwandishi

• Aide to Sen. Crystal Asige, MP

MIN/SEN/SCLSW/395/2024: PRAYERS

TheChairpersoncalled themeeting toorder at 11.45 amfollowed by a word of prayer.

MIN/SEN/SCLSW/396/2024: ADOPTIONOFAGENDA

The Agenda was adopted having been proposed by Sen. Gloria Orwoba,MP and seconded by Sen. George Mbugua, MP as follows -

1. Prayers; 2. Adoption of the Agenda; 3. 3.Consideration of the Public Participation Matrix on the Public Fundraising AppealsBill,2024(SenateBillsNo.14 0f 2024); 4. 4.Briefing on thePetition onPeoplelivingwithInvisibleDisability(Committee Paper 83); 5. 5.Any Other Business; and 6. Adjournment/Date of the Next Meeting.

MIN/SEN/SCLSW/397/2024

CONSIDERATION OF THE PUBLIC PARTICIPATIONMATRIX ON THE PUBLIC FUNDRAISINGAPPEALSBILL,2024(SENATE BILLS NO. 14 0F 2024);

• 1.The Committee considered the above Bill,reviewing the objectives, background and main clauses of the Bill to re-acquaint themselves with key matters,and noted the following, That --
• i. There are already existing laws regulating the conduct of Public officials,both Public Officers and State Officers in harambees or public fundraising; and
• ii. These laws include the Public Officer Ethics Act (CAP 185B), the Leadership and Integrity Act (CAP 185C); and the Election Offenses Act (CAP 66).

2. The Committee considered the Public Publication matrix on the Public Fundraising Appeals Bill, 2024 (Senate Bills No. 14 of 2024) noted that -

• i. Most of the submissionswere against theBill;
• ii. ThePublic Service Commission,in their submission advised the Committee that the matters that the Bill is trying to address are already taken care of in law, and implementation is what is lacking; and
• iii. TheBill will create a lot of bureaucracy especially at the County level since one will be required to apply at the County Executive Committee Member to get a license to conduct fundraisings.
• 3.TheMembersnoted thattheUnitedStatesofAmericahasalawthatmandates campaign monies contributed or fundraised are available to the Public, and that the bill does not address the issue of digital fundraising:

4. The Bill does not provide a way of dealing with charity trustees, and may institute drawbacks on thefreedom of assembly; and

• 5.The Committee resolved that the Bill should be withdrawn and the Sponsor instead strengthen existing legislation by making amendments to the Leadership and Integrity Act, the Public Officers and Ethics Act, and the Election Laws Act.

MIN/SEN/SCLSW/398/2024

BRIEFINGONTHEPETITIONONPEOPLE LIVING WITH INVISIBLE DISABILITY (COMMITTEEPAPER83);

1. The Committee was informed that a petition had been referred to it on persons living with invisible disabilities on Wednesday, 2nd October, 2024; 2. 2.The key issues the petitioner raised in the Petition are - 3. i.The government of Kenya had failed to recognize persons with invisible disabilities in government policies and management strategies and children and adults are not represented from the ground to the national government;

• ii. That theMinistryof Health,Social Protection and NCPWDpolicies havebarriers denying people living with disabilities access to life saving essential treatment and medicine;
• ili. That the petitioner requires constant essential medicine, neurologist, cardiologist services once ayear that aren't available at county referral hospitals thereby

6. iv.( Current programs by the NCPWD and Social Protection's current programs, government job slots, support, benefits, donor funds and projects are solely for persons with physical disability; and

• V. Corruption has resulted in the rejection of applications from persons with invisibie disabilities especially those not willing to corrupt authorities.

8. 3.The Petitioner's prayers are as follows - 9. i.That the government recognizes and includes persons with invisible disability in government policies and management strategies and sensitize society and medics tominimizestigma and discrimination; 10. i.That the government oversees constant supply availability of essential medicines and treatmentinreferral hospitals.Relevantinvisible disability specialistsbe in recommended hospitals.Closepsychological andemotional support toprevent suicides. Give a chance and same category disability interaction. Reasonable financial support up to 6000/= can cover basic needs; and 11. ii.Persons with invisible disability to have a representative from the invisible disability category and plan for suitable support including benefits, funds, job opportunities and programs. Remove all barriers denying people with invisible disability to get support. Support people with disability during the entire journey not when bedridden. 12. 4.The Committee was informed that the Petitioner, the Ministry of Labour and Social Protection, the Council of Governors and the County Assemblies Forum had been invited for a Committee meeting on Tuesday 29th October, 2024;

CommitteeResolution

• 1.The Committee resolved toinvite an expert in invisible disabilities as advised by the Committee members to the meeting on the Petition scheduled for Tuesday and to invite theMinistry of Health to subsequent meetings on thePetition.

MIN/SEN/SCLSW/399/2024 ANYOTHERBUSINESS

There was no other business.

MIN/SEN/SCLSW/400/2024

ADJOURNMENTANDDATEOFTHENEXT MEETING

Themeetingwas adjourned at 12.44pm.

SIGNED....

CHAIRPERSON:SEN.JULIUSMURGORRECHA,CBS,MP STANDINGCOMMITTEEONLABOURANDSOCIALWELFARE

MINUTESOF THEFOURTYNINTH(49TH)MEETINGOFTHESTANDING COMMITTEEONLABOURANDSOCIALWELFAREHELDINCOMMITTEE 11.30 AM.

MEMBERSPRESENT

1. Sen. Crystal Asige, MP

• Vice-Chairperson

2. Sen. Alexander Munyi Mundigi, MP

• -Member

• 3.Sen.Miraj Abdulahi Abdulrahman,MP

• -Member

4. Sen. Beth Syengo, MP

• Member- Virtually

APOLOGIES

1. Sen. Julius Recha Murgor, CBS, MP

• Chairperson

2. Sen. (Rtd.) Justice Stewart Madzayo, EGH, MP

-Member

3. Sen. Erick Okong'o Mogeni, SC, CBS, MP

• -Member

• 4.Sen.Lenku Seki Ole Kanar, MP

• Member

SECRETARIAT

1. Ms. Mwanate Shaban

• Principal Clerk Assistant II

2. Mr. Jackson Wekesa

• Legal Counsel II

3. Ms. Nigma Adow

• Research Officer III

4. Mr. Nicholas Arusei

• -Audio Officer

• 5.Mr.LomenenJunior

• -Media Relations Officer

• 6.Ms.SwaluhaYusuf

• Protocol Officer

7. Mr. James Ngusya

• Serjeant-at-arms

• 8.Ms.Zahra Mohammed

• Intern, DSEC

INATTENDANCE

1. Cabinet Secretary, Ministry of Health

2. Principal Secretary

3. Principal Secretary State Department for Social Protection

4. Officials from the Ministry of Health

5. Officials from theStateDepartment forSocial Protection

6. Officials from theNational Council forPersons with Disabilities

7. Officials from the Council of Governors

8. Ms. Beatrice Likwop

• Lead Petitioner

9. Ms. Margret Sein

• Petitioner

10. Mr. Issac Munga

• Petitioner

11. Mr.Epharus Ndumia

• Petitioner

12. Mr. Kisoso John

• Petitioner

13. Ms. Veronica Wanjiku

-Aide

14. Mr. Macharia Njoroge

• Director, CIC

15. Ms.Faith Gatere

• Differently Talented Society of Kenya (DTSK)

16. Ms.Alice Mundia

• Official, (DTSK)

MIN/SEN/SCLSW/281/2025: PRAYERS

The meeting was called to order by the Chairperson at 11.26 a.m. followed by a word of prayer. This was followed by introductions by all present.

MIN/SEN/SCLSW/282/2025: ADOPTIONOFAGENDA

The Agenda was adopted after being proposed by Sen. Miraj Abdullahi, MP and seconded by Sen. Alexander Munyi Mundigi, MPas follows -

1. Prayer; 2. Adoption of the Agenda; 3. 3.Meeting with various stakeholders on thePetition concerningPersons with Invisible Disabilities (Committee Paper No.27); 4. 4.Any Other Business; and 5. 5.Date of theNext Meeting and Adjournment.

A. Committeebriefing

1. The Committee was briefed on Paper No. 33 concerning the Petition on the plight of personswithinvisibledisabilities.Itwasreported thatthePetitionhadbeen committed to the Committee following its presentation to the Senate on 2nd October, 2024. The Petition sought Government recognition andinclusion of people with invisible disabilities in policies and strategies, improved access to treatment and psychological support, and the provision of financial and social support. 2. Apartfrom thePetitioner,the Committeeinits earlier meetings hadmet the Cabinet Secretary, Ministry of Labour and Social Protection and his Principal Secretary for State Department for Social Protection on the matter. 3. The Committee in today's meeting was meeting the Ministry of Health and the Council of Governors. The Principal Secretary, State Department for Social Protection was also present in the meeting.

B. Submission by the Petitioner, Ms. Beatrice Likwop

1. The Petitioner began by stating that Invisible Disability is not easy to define, recognise 2. Shecalledfor theinclusionofPWDin theprovisionofessentialservices and accountabilityinPWDAllocationExpenditure. 3. She named the Ministry of Health,Labour & Social Protection,COG, KRA and NCPWD as the main stakeholders in the deliberations, decisions and implementations of Disability act, policies, operation guidance and accountability functions. 4. She added that some national and county government public offices that offer services to PWD are manned by non-PWD persons, and called for PWD inclusion. 5. She also advocated for the inclusion of PWD in economic empowerment programmes, stating that programs like affordable housing excludesPWD. 6. She alsosaid that both theNational and Countyinstitutionshadfailed toeffectively manage andsupportpersonswithinvisibledisabilities. 7. On PWD, Assessment, registration and vetting policies, she mentioned that a huge number of PWDs had not been registered. 8. She concluded by explaining the challenges facing PWD like discriminatory assessment, registration and vetting policies and procedures, corruption by the public institutions offering the services, lack of essential drugs, gadgets, devices and welfare support, unsupportive infrastructure,insecurity and lack of employment.

MEETINGWITHVARIOUSSTAKEHOLDERS ONTHEPETITIONCONCERNINGPERSONS WITHINVISIBLEDISABILITIES

C SubmissionsbytheMinistryofHealth

Hon. Adan Duale, the Ministry of Health submitted as follows -

1. ThattheMinistry acknowledges the concernsraisedby thePetitionerregardingthe recognition and inclusion of Persons with Invisible Disabilities. 2. That Invisible disabilities include epilepsy, fibromyalgia and various mental health conditions which can impair dailyfunctioning leading to systemicbarriers,stigma and exclusionfromservices,accommodations,and broader societal acceptance. 3. Policies and management strategies developed and implemented by the Ministry of Healthtoaddressthe aboveinclude-

• a) Disability Medical Assessment and Categorization Guidelines (2022);

5. b)Health Financing through the Social Health Authority(SHA)which includes several targetedfunds thatdirectlybenefit personswithinvisibledisabilitieslike the Emergency, Chronic, and Critical Illness Fund, the Social Health Insurance Fund and the Primary Health Care Fund;

• c) Rehabilitation Services Technical Working Group - a multi stakeholder forum to advance access to rehabilitation services for all persons with disabilities.
• d) Advocacy, Training and Community Engagement.

4. That the Ministry, in collaboration with other government institutions and partners,is fully committed to ensuring that persons with invisible disabilities are acknowledged in policy, enabling equitable access to essential healthcare services and providing tailored support that respects individual needs. 5. The Country is trying to move from curative health to preventive health.

D. SubmissionsbytheCouncil of Governors

The Council of Governors made the following submissions in response to counties efforts on inclusion of persons with disabilities -

1. Counties such as Nakuru, Kericho, Lamu and Samburu have dedicated disability funds. 2. Mombasa County supported its residents to renew theirPWD cards at no cost. 3. Kiambu county introduced theAutism and Neuro-developmental DisabilitiesProgram toprovideassistivemedicaltherapydevicesandspecialeducationscholarshipsfor studentswiththeseconditions. 4. 4 Homa bay County supports children and young people (age 0-25) with disabilities throughis integrated programme forpersonswith disabilities(IPPDwhich focuses on public awareness to reduce stigma, community-based rehabilitation services, psychological support and caregiver education.

E. Petitioners'comments

ThePetitioners made the following comments -

1. Counties are not doing enough on invisible disabilities; 2. SHA does not fully cover for the PWDs medical requirements; 3. There are still challenges on capturing data of persons with multiple disabilities; 4. Called for more inclusion in government; 5. Theneed to recognise and support care givers

F. Committeeobservationsand comments

Membersraised thefollowingconcerns-

1. Disability Data - there seems to be inadequate accurate data on disability both at National and County level. Kenya Health Information Systems should be able to address this issue, with NCPWD providing data to ease decision making real time. 2. Access to Special Care - Social Health Authority (SHA) should reduce barriers in accessing healthcare,including the unavailability of essential medication and specialized treatment, particularly in public referral hospitals. Community Health Workers and specialized health workers should be provided with training to recognize and manage conditions. 3. Affordability-PublicHealthfacilitiesshouldbecovered underSHA 4. National Council forPersons withDisabilities Policies and Regulations-The Council should prioritize the development of regulations for the PWD Act, 2025.

G. Committeeresolutions

1. The Ministry of Health and the Ministry of Labour and Social Protection to develop the necessary regulations for the newly enacted laws in the Health and Social Protection sector so as to support PWDs. 2. TheCommitteethankedallthe stakeholders andresolved toincorporatetheir submissions when considering the report on thematter.

MIN/SEN/SCLSW/284/2025: ANYOTHERBUSINESS

There was no other business.

MIN/SEN/SCLSW/285/2025

ADJOURNMENTANDDATEOFTHENEXT MEETING

The meeting was adjourned at 13.40 p.m. with the next meeting being on notice.

SIGNATURE...

(CHAIRPERSON: SEN. JULIUS RECHA MURGOR, CBS, MP)

DATE:Wednesday,28thNovember,2025

MINUTES OF THETHIRTY-THIRD(33RD)MEETING OF THE STANDING COMMITTEEONLABOURANDSOCIALWELFAREHELDINCOMMITTEE ROOM6,FIRSTFLOOR,BUNGETOWERONTHURSDAY,5THJUNE,2025AT 11.30 AM.

MEMBERSPRESENT

• 1.

• Sen. Julius Recha Murgor, CBS, MP

• Chairperson

2. Sen. Alexander Munyi Mundigi, MP

-Member

• 3.

• Sen.Lenku Seki OleKanar,MP

-Member

• 4.

• Sen. Beth Syengo, MP

• Member- Virtually

APOLOGIES

1. Sen. Crystal Asige, MP

• -Vice-Chairperson

• 2.Sen. (Rtd.) Justice Stewart Madzayo,EGH, MP

-Member

• 3.Sen.Erick Okong'o Mogeni,SC,CBS,MP

• -Member

• 4.Sen.MirajAbdulahiAbdulrahman,MP

• -Member

SECRETARIAT

1. Ms. Florence Waweru

• Clerk Assistant II

2. Mr. Jackson Wekesa

• Legal Counsel II

3. Ms. Nigma Adow

• Research Officer III

4. Mr. Nicholas Arusei

• Audio Officer

5. Mr. Lomenen Junior

• -Media Relations Officer

• 6.Ms.Swaluha Yusuf

• Protocol Officer

7. Mr. James Ngusya

• Serjeant-at-arms

• 8.Ms.ZahraMohammed

• Intern, DSEC

INATTENDANCE

1. Ms. Beatrice Likwop

• Lead Petitioner

2. Ms. Margret Sein

• -Petitioner

3. Mr. Issac Munga

• -Petitioner

4. Mr. Epharus Ndumia

• Petitioner

5. Mr. Kisoso John

• -Petitioner

• 6.Ms.Veronica Wanjiku

• -Aide

7. Mr. Macharia Njoroge

• Director, CIC

• 8.Ms.Faith Gatere

• Differently Talented Society of Kenya (DTSK)

• 9.Ms.Alice Mundia

• Official, (DTSK)

MIIN/SEN/SCLSW/194/2025: PRAYERS

The meeting was called to order by the Chairperson at 11.45 a.m. followed by a word of prayer.

MIN/SEN/SCLSW/195/2025: ADOPTIONOFAGENDA

TheAgenda was adopted after being proposed bySen.Alexander Munyi Mundigi, MPand seconded bySen.Lenku Seki OleKanar,MP as follows -

1. Prayer; 2. 2.Adoption of the Agenda; 3. 3.Meetingwithvariousstakeholders on thePetition concerningPersonswithInvisible Disabilities (CommitteePaperNo.27); 4. 4.Any Other Business; and 5. Date of the Next Meeting and Adjournment.

MIN/SEN/SCLSW/196/2025:

A. Committee briefing

1. The Committeewas briefed onPaper No.27 concerning thePetition on the plight of persons with invisible disabilities. It was reported that the Petition had been committed to the Committee following its presentation to the Senate on 2nd October, 2024. The Petition sought Government recognition and inclusion of people with invisible disabilities in policies and strategies, improved access to treatment and psychological support, and the provision of financial and social support. 2. 2 The Committee wasinformed thatinvisible disabilities included conditions such as heart disease, epilepsy, autism mange others. It was noted that the Government of Kenya did not recognize invisible disabilities in its programs and strategies, focusing insteadonpersonswith severe disabilities.Petitionersreportedlyfacing systemic barriers including lack of access to essential medicines,inadequate healthcare,stigma, and limited awareness amonghealth workers. 3. Memberswere alsoinformed of the need to revise theSocial HealthInsurance model, review the education system toenhanceinclusion,and expandSocial protection to offer housing, cash transfers, and full medical coverage for persons with psycho-social disabilities. 4. 4 The Committee had previously engaged with the Petitioners on 29th October, 2024, and later sought responses from the Ministry of Health, Ministry of Labour and Social Protection, and the Council of Governors,which had since been received.

MEETINGWITHVARIOUSSTAKEHOLDERS ONTHEPETITIONCONCERNINGPERSONS WITHINVISIBLEDISABILITIES

5. The Committeewasfurtherinformed of apologiesreceived submittedby the Cabinet SecretariesfortheMinistriesofHealthandLabourandSocialProtection,andfurther observed thatno apologyhadbeenreceivedfrom theCouncil of Governors.

B. Committeeobservationsandcomments

1. Delays inStakeholder Engagement- The Committee observed that the comprehensive resolution of the Petition had been significantly delayed due to the consistent failure by the Ministry of Health and the Council of Governors to appear before it asrequired.It further noted that multiplerescheduling requests by these parties had hindered the timely conclusion of its deliberations on the matter. 3. Access to Healthcare- It was noted that persons with invisible disabilities faced significant barriers in accessing healthcare,including the unavailability of essential medicationandspecialized treatment,particularlyinpublicreferralhospitals. 2. Lack of PolicyRecognition-The Committeeobserved thatpersonslivingwith invisible disabilities were not adequately recognized within existing government policies, programs, and management strategies, which contributed to their continued exclusionfrom essential servicesandsupportsystems. 4. EducationalBarriers-Itwasobserved that theexistingeducationmodeldidnot sufficiently cater to the needs of learners with invisible disabilities, calling for a more inclusiveandequitableframework. 5. PsychosocialandEconomicVulnerability-TheCommittee observedthatthe absenceof targetedsocialprotectionmechanismshadleftmanyindividualswith invisible disabilities vulnerable to poverty, mental distress, and social isolation, underscoring the need for cash transfer programs, psychosocial support, and comprehensive medical coverage. 6. NeedforRepresentationandParticipation-TheCommitteefurthernoted the Petitioners' call for representation of persons with invisible disabilities in decisionmaking platforms to ensure their voices and concerns are integrated into policy formulation and implementation.

After the briefing, the Chairperson instructed that the guests be ushered in, and a round of introductions took place. Thereafter, the Petitioners proceeded with their submission.

C. Comments by thePetitioners

1. During the meeting,the Committee was addressed by the lead Petitioner,Ms.Beatrice Likwop, who underscored the need for meaningful stakeholder engagement with persons living with invisible disabilities. She expressed concern that key government actors appeared unaware of the lived realities on the ground, and emphasized that persons with invisible disabilities face unique and diverse challenges that are often misunderstood or overlooked, even within the broader disability community. 3. It was noted that existing disability assessment processes, particularly those administered by the National Council for Persons with Disabilities, are inadequate in addressingcases ofmultiple disabilities,as currentforms only allowindividuals to register under onecategory.Thislimitationexcludes manyindividualssuch as those 2. Akeyappealwasmade for therecognitionofinvisibledisabilities through independent representation and tailored support mechanisms. The Petitioner highlightedtheglobaluseoftheSunflowersymbol asanidentifierforindividuals with hidden disabilities, advocating for its adoption in Kenya as a practical tool for visibility and inclusion.

• with epilepsy who may also have physical impairments—from accessing the full range of necessary support.
• 4 ThePetitionersfurther emphasized the criticalneedfor access to essentialmedical care,likening theimportance of medication for conditionslike autism and epilepsy to that of wheelchairs for persons with physical disabilities.They called for these medicines tobemadewidely available atlocalfacilitiesto ease accessibility.

5. Anothermajorconcernwasthecentralizationofvettingandassessment procedures,which imposes logistical and financial burdens on petitioners who must travel longdistancesfor disability evaluations.ThePetitionersstrongly recommended decentralizing these services to the county level to enhance access and equity. 6. An additional speaker, Ms.Alice Mundia, reinforced the importance ofidentification andrecognitionframeworks forpersonswith invisible disabilities.Shealsoraised concerns about children with autism,some of whom are prone to wandering from home, and stressed the need forincreased community awareness and responsive policy interventions. 7. ThePetitionerswelcomed therecentenactmentofthePersonswithDisabilitiesAct, viewing it as an opportunity to ensure that the concerns of persons with invisible disabilities areintegratedintotheregulations andguidelinesthatwill operationalize the new law.

D. Committeeresolutions

1. ConveningaMulti-StakeholderMeeting-TheCommitteeresolved toconvenea final multi-stakeholdermeeting todeliberate on theissuesraised in thePetition.It was agreed that themeetingwould includerepresentativesfromtheMinistryofHealth, MinistryofLabourandSocialProtection,theCouncilofGovernors,theNational CouncilforPersonswithDisabilities(NCPWD),andthePetitioners. 2. IssuanceofInvitationLetters-TheCommitteeresolvedthatformalinvitationletters shallbesent totheCabinetSecretaryforHealthand theCouncilof Governors, requiring theirappearancebeforetheCommitteeonTuesday,8thJuly2025.The letterswillbestronglywordedandwillexplicitlyreference allprevious correspondenceandinvitationsissued. 3. Consequencesof Non-Attendance-The Committeeresolved thatshould theCabinet SecretaryforHealth and the Council of Governorsfail to appearon thestipulated date; theCommitteeshallproceedtoissuesummonstocompeltheirattendance.

MIN/SEN/SCLSW/197/2025: ANYOTHERBUSINESS

Therewasnootherbusiness.

MIN/SEN/SCLSW/198/2025

ADJOURNMENTANDDATEOFTHENEXT MEETING

The meeting was adjourned at 12.45p.m.with the next meeting being on notice.

SIGNATURE....

(CHAIRPERSON:SEN.JULIUSRECHAMURGOR,CBS,MP)

COMMITTEEONLABOURANDSOCIALWELFAREHELDINCOMMITTEE ROOM1,FIRSTFLOOR,BUNGETOWERONTHURSDAY,17THAPRIL,2025AT 11.00 AM.

MEMBERSPRESENT

• 1.Sen. Julius Murgor Recha, CBS, MP

• Chairperson

2. Sen. Crystal Asige, MP

• Vice-Chairperson

3. Sen. Alexander Munyi Mundigi, MP

-Member

• 4.Sen.Lenku Seki Ole Kanar, MP

-Member

• 5.Sen.Miraj Abdulahi Abdulrahman,MP

-Member

6. Sen. Gloria Orwoba, MP

-Member

7. Sen. Beth Syengo, MP

• Member

APOLOGIES

1. Sen. (Rtd.) Justice Stewart Madzayo, EGH, MP

• -Member

2. Sen. Erick Okong'o Mogeni, SC, MP

• -Member

SECRETARIAT

1. Ms.Mwanate Shaban

-Principal Clerk Assistant II

2. Ms.Florence Waweru

• Clerk Assistant II

3. Mr. Jackson Wekesa

• Legal Counsel II

4. Ms. Joy Kyalo

• Fiscal Analyst III

5. Mr. Frank Mutulu

-Media Relations OfficerII

6. Ms. Nigma Abdi

-Research Officer III

7. Mr. Paul Katuta

• Sergeant-at-arms

IN-ATTENDANCE

A. Petitioners-InvisibleDisabilities

• Hon. Alfred Mutua

• Cabinet Secretary, MLSP

2. Mr. Joseph Motari -Principal Secretary,StateDepartment for SocialProtection

3. Dr. Lynett Ochuma

• -SDSP-Ag.Secretary,Directorate of SocialDevelopment

4. OfficialsfromtheMinistryof Labour andSocialProtection

MIN/SEN/SCLSW/122/2025: PRAYERS

The meeting was called to order by the Chairperson at 11.28 a.m.followed by a word of prayer. This was led by introductions from all present.

MIN/SEN/SCLSW/123/2025: ADOPTIONOFAGENDA

The Agenda was adopted after beingproposed by Sen. Crystal Asige,MP and seconded by Sen. Beth Syengo, MP as follows -

1. Prayer; 2. Adoption of the Agenda; 3. 3.Consideration ofthePetitionconcerningPersonswith Invisible Disabilities(Committee Paper No.16) - Meeting the Ministry of Labour & Social Protection, Ministry of Health and the Council of Governors. 4. 4.Any Other Business; and 5. 5.Date of the Next Meeting and Adjournment.

MIIN/SEN/SCLSW/124/2025: SOCIALPROTECTION,MINISTRYOFHEALTH

a)Committee briefing

1. TheCommitteeconsideredthebriefon thepetitionconcerningthepersonswith invisibledisabilities;andnoted thatrepeatedlast-minutereschedulingofscheduled appearances by the Ministry of Health and the Council of Governors has significantly hinderedthe Committee's abilitytoundertakeacomprehensiveand exhaustive consideration of the Petition; and 2. The Committeecalled theOfficeof theCabinetSecretaryforHealthwhocommitted to be present in the next meeting.

b)Submission by Petitioners

• 1.The Lead Petitioner, Ms.Beatrice Likwop submitted that key government actors were not in touch with the realities on the ground faced by PWDs especially Persons living with Invisible Disabilities,who are often misunderstood oroverlooked,evenwithin their own disability space;
• 2.She called for the Ministry of recognize invisible disabilities,calling for strategic interventions by the State Department for Social Protection to identify,manage and support persons living with invisible disabilities.

3. She acknowledged that the existing disability assessment processes by the National Council for Persons with Disabilities,are inadequate in addressing cases of multiple disabilities, since an individual can to register only under one category. This excludes manyindividualsfrom accessingthefull rangeof necessarysupport.

• 4.S She stronglycalledfor theneedfor accessto essential medical care,which should be made widely available at local facilities to ease accessibility.

MEETINGTHEMINISTRYOFLABOUR& ANDTHECOUNCILOFGOVERNORS.

• 5.She alsoraised concerns on the centralization ofvetting and assessmentprocedures, whichimposeslogistical andfinancialburdensonpetitionerswhomusttravellong distancesfordisabilityevaluations,andadvocatedfordecentralizingtheseservicesto the county level to enhance access and equity.

c)SubmissionsbytheMinistry of Labour andSocial Protection

TheCabinetSecretary,Ministryof Labour andSocialProtectionsubmitted asfollows-

• 1.Non-visible or invisible disabilities refer to a broad range of conditions that are not immediately evident to others. They encompass various chronic illnesses, disorders, and health conditions thatmay nothave outward physical signs,for example chronicpain, mental health disorders,autoimmune diseases,neurological conditions,etc.

2. He mentioned various laws and statutes that recognize invisible disabilities like the Constitution of Kenya, Persons with Disabilities Act (Cap133) Laws of Kenya and the UnitedNations Convention on theRights of PersonswithDisabilities. 3. He further added that Section 4(1), (d), (i) and (i) of Persons with Disabilities Act (Cap133) Laws of Kenya, StatuteLaw provides for appointment of members to the National Council for Persons with Disabilities. Sub section (d)(ii) specifically provides for one of the members tobefrom organizations of parents of persons with mental disabilities.In addition, over theyears the membership of the Council has always consistedofoneortwomembersdrawnfromorganizationsforinvisibledisabilities

• 4.He stated that the government of Kenya, through the Ministry of Health in collaboration with theNational Council forPersonswith Disabilities and otherstakeholders developed the Disability Medical Assessment and Categorization Guidelines,2022 for assessingandcategorizingdisabilitiesinthecountrywhichaimedatprovidinga standard process, unified and consistent language, for conducting the assessment and categorizationofpersonswithdisabilities.
• 5.On access to lifesaving essential treatment and medicine,the introduction of Social HealthAuthority andSocial HealthInsuranceFund hasprovided anopportunityfor all persons with disabilities to access subsidized medical services as long as they disclose status oftheir disability at theregistration stage,but theMinistry ofHealth and theKenya Medical suppliesAuthority (KEMSA) arebetter paced to provide accurate information in relation to accessibility of health facilities and services,the availability of medication andacceptableservicesprovidedundertheNHIFnowtheSHIFscheme.

6. TheNational Council forPersonswithDisabilitieshassigned a service contractwith KEMSA on provision of prescribed essential medicines and diapers whichwill be issued through the government hospitals, private and faith-based facilities.

• 7.The Ministry of Health is in a better position to provide accurate information in relation tothe availablemedicaltest andequipment'sineachgazettedpublicmedicalhealth facilitiesatthenational andcountylevel.

• 8.In addition,theMinistry through theNational Council for Persons with Disabilities runs the Education Assistance Programme which aims at improving persons with disabilities enrolment,retention and completion of education cyclefor the eventual engagement in decent and gainful employment. The programme supports persons with disabilities from Primary, Secondary, Colleges,Vocational Training Schools and University.
• 9.In its efforts to improve service provision to persons with disabilities, the Ministry through theNational CouncilforPersonswithDisabilitiesisimplementing theAutism and related developmental disorders support programme which aims at supporting persons with Autism and other related developmental disabilities (cerebral palsy, Down syndrome,epilepsy andintellectual disabilities).TheProgrammeservicesincludeearly identification and management, diagnostic tests (EEG, ECG), referral care; provision of therapy i.e., diet therapy, occupational therapy, speech therapy, essential drugs and supplies; and provision of adult diapers.
• 10.The Cash Transfer programme forpersonswithsevere disabilities is also a mandate of this Ministry.The objective of the programme is to enhance the capacities of the caregivers toimprove the livelihoods of personswith severe disabilities(PwSDs) and mitigating the effects of disability on the households.

11. The Ministry carries out sensitization programmes across the country, educating the public on disability rights and disability in general to minimize stigmatization and discrimination.

• 12.The Ministry of Labour and Social Protection through theStateDepartmentfor Social Protection&SeniorCitizenAffairsandtheNationalCouncilforPersonswith Disabilities (NCPWD) has continued to support various national and county organizationsof/forpersonswithdisabilitiestoconductadvocacyandawareness creation ondisabilityissues.CelebrationsofspecificDisabilityDays and Eventsforboth visible and nonevisibledisabilitiesprovideaplatformforawarenesscreation ofall types and categoriesofdisabilities.
• 13.TheMinistryhas alsodeveloped aDisabilityAwareness CreationBooklet,and we continuetohold regional and county sensitizationforums across the country to educate communitieson disabilityissues.
• 14.Further, the Ministry of Labour and Social Protection through the State Department for SocialProtection&SeniorCitizenAffairsandtheNationalCouncilforPersonswith Disabilitiesdevelopeda monographon autismspectrumdisordersandRelated Development Disabilities. The monograph captures the challenges faced by persons with Autism&RelatedDevelopmentalDisabilitiesandtheirfamiliesinareassuchas education, socio-economic challenges, access to justice, stigma, among others. The monographalsocapturesvariousrecommendationstoinformtheCouncil'sAutism Support programme at the NCPWD. Among the strategies recommended include advocacyand awarenesscreation onAutismandrelateddevelopmentaldisabilities.
• 15.Currently, the Council is implementing advocacy and awareness campaigns on Autism and related Developmental disabilities through engagement of organizations working for personswithAutismandrelateddevelopmental disabilities.
• 16.In addition,the Ministrythrough its state corporations inpartnership with other stakeholders developed a career portal, theNCPWD Career Portal.

d)Committeeobservationsand comments

1. The Committeeraised concernsontheregistration process,the availabilityofessential drugs in county and national hospitals and the availability of health professionals at the grassroots; 2. The Committee also called for enhanced sensitization and public awareness creation and directed the Ministry to look into ways of identifying persons with invisible disabilitieswithoutdiscriminatingthem.

e)Committeeresolutions

The Committee thanked thePetitioners and theMinistry of Labour and SocialProtection for honouring the invite and resolved to re-invite all relevant stakeholders and the Petitioners for an engagement scheduled on Thursday, 8th May, 2025.

MIN/SEN/SCLSW/125/2025:

ANYOTHERBUSINESS

• 1.The Committee deliberated on theStatement bySen.Gloria Orwoba regarding thefate of thecandidates shortlistedforthe diasporajobsprogram under theMinistryof Labour and Social Protection and resolved to meet thevictims onMonday,28thApril, 2025 at 11.00 am; and
• 2.The Committee also resolved to hold their engagement with the Ministry of Labour and SocialProtection and theNational EmploymentAuthorityinMachakosCountyfrom 28th April, 2025- 1st May, 2025.

MIN/SEN/SCLSW/126/2025 ADJOURNMENTANDDATEOFTHENEXT MEETING

The meeting was adjourned at 1.16 p.m. with the next meeting being on notice.

SIGNATURE...

(CHAIRPERSON: SEN. JULIUS RECHA MURGOR, CBS, MP)

DATE:Wednesday,28thNovember,2025

MINUTES OFTHE SIXTEENTH (16TH)MEETINGOFTHESTANDING COMMITTEEONLABOURANDSOCIALWELFAREHELDINTHEDESERT ROSE CONFERENCE ROOM,SERENA1 BEACH IRESORT&SPAON SATURDAY,5THAPRIL,2025AT 9.30A.M.

MEMBERSPRESENT

1. Sen. Julius Murgor Recha, CBS, MP

• Chairperson

2. Sen. Crystal Asige, MP

• Vice-Chairperson

• 3.Sen.(Rtd.) Justice Stewart Madzayo,EGH,MP

-Member

4. Sen. Alexander Munyi Mundigi, MP

• Member

5. Sen. Miraj Abdilahi Abdulrahman, MP

-Member

• 6.S Sen. Gloria Orwoba, MP

• -Member

7. Sen. Beth Syengo, MP

-Member

APOLOGIES

1. Sen. Erick Okong'o Mogeni, SC, MP

-Member

• 2.Sen.Lenku Seki Ole Kanar, MP

• -Member

SECRETARIAT

1. Ms.Veronica Kibati

• Deputy Director- HoD

2. Ms.MwanateShaban

• Principal Clerk Assistant II

• 3.

• Ms. Nigma Duale

• Research Officer

4. Mr.Frank Mutulu

-Media Relations

5. Mr.Jackson Wekesa

• Legal Counsel

• 6.

• Mr.PatrickMutindo

• Serjeant -at-arms

7. Ms.Sandra Mwandishi

• -Aide to Sen.Asige

MIN/SEN/SCLSW/92/2025: PRAYERS

The meeting was called to order by the Chairperson at 9.36am. followed by a word of prayer.

MIN/SEN/SCLSW/93/2025:

ADOPTIONOFAGENDA

The agenda was adopted after being proposed by Sen. Beth Syengo, MP and seconded by Sen. Crystal Asige, MP as follows -

1. Prayer; 2. 2.Adoption of the Agenda; 3. Confirmation of Minutes of the 13th, 14th and 15th Sittings; 4. 4.Consideration of Matters Arising from the minutes; 5. Consideration of the Sports (Amendment) (No. 2) Bill, Senate Bills No. 45 of 2025; 6. Consideration of the Petition concerning persons living with invisible disabilities; 7. 7.Consideration of the 8. Date of the Next Meeting and Adjournment.

MIN/SEN/SCLSW/94/2025: CONFIRMATIONOFMINUTESOFTHE13TH,14TH AND15THSITTINGS

• 1.The Minutes of the 13th Sitting held on Thursday,20th March, 2025 at 12.00 noon. were confirmed tobe a truerecord ofthe deliberations havingbeenproposed bySen. Alexander Mundigi, MP and seconded by Sen. Crystal Asige, MP.
• 2.The Minutes of the 14th Sitting held on Friday, 4th April, 2025 at 10.00 a.m. were confirmed to be a true record of the deliberations having been proposed by Sen. Crystal Asige, MP and seconded by Sen. Beth Syengo, MP.

3. The Minutes of the 15th Sitting held on Friday, 4th April, 2025 at 12.30 p.m. were confirmed to be a true record of the deliberations having been proposed by Sen.Beth Syengo, MP and seconded by Sen.Crystal Asige, MP.

CONSIDERATIONOFMATTERSARISINGFROM

MIN/SEN/SCLSW/95/2025: THEMINUTES

Therewerenomatters arisingfrom theMinutes.

MIN/SEN/SCLSW/96/2025: CONSIDERATION OF THE SPORTS (AMENDMENT)NO.2)(SENATEBILLNO.45OF

2024)

• The Committee considered the draft Committee Report on theSports (Amendment) Bill (Senate Bill No. 45 of 2024), and noted that the following -
• a) That the Bill is now at the Second Reading stage in the House; and
• b) Thatinitsprevious meeting on the matter,it hadresolvedtohold further consultationswith theMinistryofYouthAffairs,CreativeEconomyand Sports toseekfurther clarificationsontheirviewson theprovisionsof the Bill.
• 2.The Committee resolved to meet with the Ministry from15th -18th May,2025 to iron out the issues before considering and adopting the report on the Bill.

MIN/SEN/SCLSW/97/2025: CONSIDERATION OFTHE PETITION CONCERNINGPERSONSLIVINGWITHINVISIBLEDISABILITIES:

1. The Committee noted that a Petition concerning the Plight of Persons living with Invisible Disability was committed to the Committee on 2nd October,2024,with the following prayers -

• a) Petition the government to recognize and include people living with invisible disabilities in government policies and management strategies while sensitizing society and medics to minimize stigma and discrimination;
• b) Petition the government to oversee constant supply and ensure availability of essential medicine and treatment in referral hospitals; have relevant invisible disability condition specialists every year in recommended hospitals; provide andsame category disabilityinteraction andprovidereasonablefinancial supportupto6000/=tocoverbasicneeds;and

4. Petition for people with invisible disabilities to have a representative from invisible disability category and plan for suitable support including benefits, funds, job opportunities and programs; remove all barriers denying people in the entire journey not when bedridden. 2. The Committee had held a meeting with the Petitioners on Tuesday, 29th October, 2024, and noted the following -

• a) That invisible disabilities included people with heart conditions, epilepsy, autism etc.
• b) That the Government ofKenya does not recognise invisible disability and has not included them in the Government policies, programs and with severe disabilities;
• c) That people leaving with invisible disability are denied access to life saving essential treatment and medicine. This then leads to physical, mental and emotional trauma;
• d) ThatCommunityHealthWorkersalsodonotseemtoknowhowto recognise and handle persons with invisible disabilities;
• e) That access to health care is a challenging and expensive hence the need to review theSocial HealthInsurance model tobemore accommodative;
• f) Thatthereisneedtoreviewtheeducationalmodeltoenhance accessibility and promote equity; and
• g) That there is need for enhanced social protection to provide persons with psychosocial disabilities a housing program, cash transfers and comprehensive medical coverage

3. TheCommitteenoted thatscheduledmeetingswith theMinistryof Labourand Social Protection,Ministry of Health and the Council of Governorshad not taken placeduetorequestsforpostponementsfrom all thestakeholdersinvolved.The next meeting has been scheduled for Thursday, 17th April, 2025 as per the Work schedule adopted on 4th April, 2025.

MIN/SEN/SCLSW/98/2025:

| CONSIDERATION OF THE PETITION | |---------------------------------| | CONCERNING NON-PAYMENT OF | | OUTSTANDINGTERMINAL BENEFITSAND | | MAZIWA SACCO DUES TO FORMER | | EMPLOYEESOFJ KENYA CCOOPERATIVE | | CREAMARIESLIMITED; |

1. The Committee noted that the petition was reported to the Senate on Tuesday, 9th July, 2024, and subsequently committed to the Standing Committee on Labour and SocialWelfareforconsiderationpursuant to theStandingOrders. 2. TheissuesraisedinthePetitionareasfollows-

• a) Upon the collapse ofKCC limited and subsequent rebrand/restructure toNew KCCLimited,all employees were terminated fromemploymentand the ThePetitionerssubmit thatthesubjectmatterhasbeenthebasisofnumerous court cases;
• b) KCCLimitedwent to the extentofcalculating theterminalbenefitsdue including the unremittedMaziwaSacco deductions aswell as the unremitted pension/provident fund deductions, however upon the takeover, the funds were never paid;

5. In the ruling of the Labour Court by Justice Wasilwa, in Petition No. 1299 of 2013,theNewKCC aswell as thegovernmentwereliabletosettle the employees'dues; 6. d Upon appeal by the New KCC Limited to the Court of Appeal, the decision of the Labour Court was overturned. However, the Court of Appeal made note thatitwouldbeprudentfor theAttorneyGeneraltoformallyadvisethe government to clear the substantive debt; 7. e Thegovernmentmanaged todisbursecompensationtootherKCC Limited stakeholders including farmers, banks and other supply debtors. The Petitioners submit that the ongoing matter has caused pain and suffering since 1997 with many former employees dead or still suffering; 3. The Petitioners prayed that the Senate 9. (a) investigates thematter with aview to ensure that theformerKCC employees are paid - 10. (i) theirterminalbenefits; 11. (i) their contributions toMaziwaSACCO;

• (iii) the provident fund dues deducted byKCC,but not remitted to the Scheme, all totalling toKshs.204,471,555.20 plus interest accruedsince1997todebts.;and
• (iv) any other relief theSenate may consider just.
• (b) makes other recommendations it considers just and fair.

4. The Committee made the following observations -

• (a) that every worker has the right to fair remuneration for work done;
• (b) the Employment Act has adequately addressed the procedure for termination of a contractofservice;and
• C the applicablelabourlawstothismatterwasreviewedin2007.

5. In its undertakings, the Committee met the Petitioners on 1st August, 2024,who elaborated on thePetition and thesteps theyhad takenfrom the Labour Court tothe Court of Appeal,and resolved that thePetitioners-

• a) providealistofallworkerswhoaredemandingterminalduesfromthe defunctKCClimitedwhichincludesdetailsofthebenefitsowedand Maziwa Sacco dues;
• a. provide an official document of the tabulatedfigures of the amounts owed to the workers by KCC;
• b) provide the gazette notice on the change of Management, and all the judgements on the matter; and
• c) provide evidence on the other liabilities thatwerepaid byNewKCC.

6. The Committee alsoresolved toinviteNewKenyaCooperativeCreameries,the Attorney General, the Ministry of Cooperatives,the Ministry of Labour and Social Protection and the National Treasury to the next meeting that will also be attended by the Petitioners and their lawyer. 7. The Committee invited stakeholders to a meeting on Thursday, 29th August, 2024.Noneof the stakeholders except thePetitioners and their Lawyers honoured the meeting. During the meeting, the Committee resolved to respond to the prayers as requested by the Petitioners and to also send another invitation to the stakeholders. 8. The Committee has received submissions from the Solicitor General on the matter, and letters of apologies from the other institutions. 9. The Committee invited stakeholders to a meeting scheduled for Thursday, 19th September,2024todeliberateonthePetition. 10. At its meetingheld on19thSeptember,2024,theSolicitor General on behalf of the Attorney General presented a chronology of the Court cases and steps the Petitioners had taken.

11. The SG clarified to the Committee that the petitioners had applied for review of a Court of Appealjudgement dated10thJuly,2020but wereyet toget thereview 3 years on. 12. He further informed the Committee that after seeing the plight of the Petitioners the Office of the Attorney General would issue an advisory to the relevant ministries andNewKCCto appearbefore the Committee toget to an amicable solution to the matter asexpeditiously as possible. 13. The Committee received a response from the Ministry of Cooperatives stating that theywere awaiting advicefrom the Office of theAttorney Generalon the matter (Appendix 2) 14. TheCommitteereceived aresponse on8th October,2024from the Cabinet SecretaryNational Treasurystatingthat theopinion of theMinistrywasdue to the 2020Court ofAppeal ruling therewasnolegal bindingon theGovernment to pay and therefore propose the dismissal of the petition (Appendix 3). 15. The Committee invited the relevant stakeholders including the Ministry of AgricultureandLivestockDevelopmentunderwhomKCCwasdomiciled during the period. The meeting scheduled for 28th October, 2024 did not take place and the next meeting on the matter on Monday, 5th May, 2025.

MIN/SEN/SCLSW/99/2025: ANYOTHERBUSINESS

Therewas no otherbusiness.

MIN/SEN/SCLSW/100/2025

ADJOURNMENTANDDATEOFTHENEXT MEETING

The meeting was adjourned at 11.23 a.m. in readiness for the next meeting.

SIGNATURE...

(CHAIRPERSON:SEN.JULIUSMURGORRECHA,MP)

DATE: Friday, 16th May, 2025

APPENDIX 2: COPY OF THE PETITION

REPUBLICOFKENYA

13T!PARLIAMENT|4TSENATE

INTERNALMEMO

From:

Director,Legislative and Procedural Services

To:

Ag.Director,SocioEconomicCommittees

Date:

2nd October, 2024

RE:

COMMITTALOFAPETITIONTOASTANDINGCOMMITTEE

AttheSittingof theSenateheldonWednesday,2ndOctober,2024,thefollowingPetition was presented to the Senate pursuant to Standing Order 236 and referred to the relevant StandingCommitteepursuant toStandingOrder238(1)-

| SUBJECTOFTHEPETITION | PRESENTED/ | COMMITTEE REPORTEDBYREFERREDTODATE | REPORTING | |----------------------------------------------------------------------------------------------|--------------|--------------------------------------|-------------| | Petitionto theSenatebyMs. Beatrice Likwop concerning people living with invisible disability | Speaker | Labour andSocial01/12/2024 Welfare | |

Pursuant to Standing Order 238(2), the Standing Committee is required to consider the Petition within sixty (60) calendar days from the time of reading the prayers and table its report in the Senate for consideration.

Kindlybring this matter to the attention of the saidStanding Committee.

: S. N. RUGE, OGW

Copies to:

Deputy Clerk (M.A)

Deputy Clerk (E.G)

01012024

bgCeh ct the senate Fatliament Duildings PO.Bo141842.00100Nairobl

Emall:iwk.enateparlamnto.ke

RE:PETITIONTOTHESENATECONCERNINGPEOPLEWITHINVISIBLEDISABILIT

• 1,MissBeatriceLkwoppersonlivingwithcomplexinvisibledisability(statusEpilep

fibromyalgia)CitizenoftheRepublicofKenya and residentof llmootiokWardNarokCounty

attentionoftheSenatetothefollowing:

• 1.That, the Government of Kenya has failed to recognize antndude People living invisible disability and arenotrecognized andnotincludedin the Gotnment policiesand Kanagement strategiesChildrenandadultslivingwithinvisibledisabilityare omtheground levelrelevantauthoritiesuptotheNationalgovernment.ChildrenandAdltsthinvisibledisabilty havediffrenthaviour,felingandcapabilityfromhysicaldisabilt
• 1.1That,MinistryofHealth,Socialprotection,NCpWDpolicieshavebarrierswhichdenypeopleliving withinvisibledisabilitiesaccesstolifesavingessentialtreatmentandmedicinewhichisthemain managementof invisjbledisabilitywhichwithouttriggerlifethreateningepisodes.Theattacksresult in body injuries, painfully affects mental,emotional and behavioural status.After effects are traumatizingwhichoccasionallyleadto suicidesto end theagony.hecourageous onespainfullyde silently due lackof medicine and finances to buy.NHiF contributions have been for theforms only. EssentialmedicinenotavailableinReferral Hospitals
• 1.2That,theundersignedrequiresconstantessentialmedicine,Neurologist,Cardiologistservicesoncea year which are not available in countyreferralhospitals.EEG,ECG equipment not available.The services are not affordableinprivate hospitals.My nearest government hospitalsareMTRH,KNH, Nakuru.Iamunabletofinancetravellingandservices
• 1.3That,NcpWDandSocial protectionhavenotsetprogramsforpeople livingwith invisibledisabilities. CurrentrogramsGovementjobslotsupor,benefitsonorfundsandprojectsaresolely peoplewith physical disability.Financial support,government and donor funds qualification stated andunderlined byNcpWD and Social protection is thatone must·bedridden pwdswith care giverare the only beneficiaries
• Corruptionisthekeyforallbenefits,funds,jobopportunity slotsinrelevantgovernmentandother stakeholdersie,RedCross,WorldVision,areforpeoplephysical disability.ocialprotetion,d committee/representativeshaveallowed corruptioninthe whole system.Rejecting applicationsfrom people with invisible disability, those not willing to corrupt or not high authority connected to subcountyauthorities

PETITIONCONCERNINGINVISIBLEDISABILITY

• 2.1 That, personally 1 have not been in contact with Community Heaith Promoters who wananchi appreciatedwith greathope to identify peoplewith life risking conditions who are occasionaly in needofemergencyattentionandfirstaid.Personally,Ihavenotbeensuccessfulingettingared card which isanecessity forproper attention during emergency need/First Aidwhen Iam unconsciousto avoid wrong first aid and drug injections.Forrescue when in a mental challenge and not able to recognize,knowmywhereaboutsorlocateplaceresidence
• 2.2That,thegovernmentofKenya hasnot sensitized the society about invisibledisability.This has causedpainfulstlgma and discrimination;Theundersigned,socletyview andbelievethatIamevil spiritspossessed.Condition hasleftmewithouta social life.No friends.Iamnotaccepted inrental premises,no accepted in groups.Thecondition hasrestrictedmynormal life activities
• 2.3That,Peoplewith invisibledisabiltyare ellglble towork.With cssentlalmedlcine andother techniques which learnt,1am ableto communlcate,coordlnate,walk,writeand canperform llght tasks which are within my ablity. Can perform office dutles.'l have made appllcations for job opportnitessince7onorableenateofficeohustoshelteressentlamdlcne food.People donot just donate or support adults especially those physically fit butrestricted by unseendisabilities
• orveryhumidenvironment.Drinks and foodsrestricted andwithoutchemicalswhichcantriggerthe condition.MustavoidSharptools/objects
• 3.1 That,People with invisible disability should be considered for universal health care because some conditionscanbetriggered anywhere,even inapublictransport.In2019onmywayfromNakuru,1 recoveredatTenwekHospitalat11:pm,nawareofwhathappened,unabletopay,waslockedn till nextmorningwhenNHIFwithalotofpersuasion,withaletterfromNCPWDacceptedapproval
• 3.2 That, peple with invisible disability get prompt attention/ express services in hospitals, banking halls, supermarkets and many others.The undersigned cannot seek services offered in underground floors i.e. Longisa referral hospital outpatient. Twice painfully had a traumatizing episode when on medicalvisit and was not allowed to use emergency wing.Twice refused services in a referral hospital, because symptoms are unseen, even after identifying my condition using NCPWD card, 1 hourlaterregainedintheICU.
• That,I made thebest effortsto have these matters addressedbyrelevant authoritiesinformSubCountytotheNationaloffices:MinistryofHealth,Socialprotection,PublicService,NCPWD,KHRC, KenyawomenAssociation,allofwhichhavefailedgiveanyresponseoranyaction

Loolly

A. Maclcuoc

<ls1202

DLPS

ehte

elaa

MA

PetitiontotheSenateofficeby:BeatriceLikwopconcerningPeoplelivingwithInvisibleDisability

• That,noneoftheseissuesraisedinthispetitionispendinginanyCourtofLaw,constitutionalorany otherlegalbody.

RE:PETTITIONCONCERNINGINVISIBLEDISABILITY

MyhumblepetitionprayerthattheSenate:

• 1.Petition the government torecognize and include people withinvisible disability in government policies and management strategies.Sensitize societyand medicstominimize stigmaand discrimination
• Petitionthegovernmenttooverseeconstantsupplyandensureavailabilityofessentialmedicine andtreatmentinReferralHospitals.Relevantinvisibledisabilityconditionspecialistseveryyearin referralhospitals.Closepsychologicaland emotional supporttopreventsulcides.Givea chanceto needs
• PetitionforPeoplewithInvisibleDisabilitytohavearepresentativefrominvisibledisabilitycategory andplanforsuitablesupporincludingbenefitsfunds,jobopportunitiesandprogramsRemovell entirejourneynotwhenbedridden

reotsS4ht Beahic dr3y1 Bechic

Datedthis

Coutact: o9872s33DCvoi Ca ·ddyst?m

APPENDIX 3: SUBMISSIONS FROM THE PETITIONER

Date:26thMay2025

ParliamentarySenate Committee

MinistryofHealth-PublicHealth&ProfessionalStandards,MedicalServices&KEMSA

MinistryofLabour&SocialProtection&CitizenAffairs

Ministryof DevolutionAndPlanning

COG - Chairperson for Gender, Youth, Sports, Culture & Social Services

NCPWD

RE:PETITIONONGOVERNMENTFAILURETORECOGNIZE&INCLUDE MANAGEMENTANDSERVICEDELIVERY

Once again, I bring to your attention that WORLDWIDE PIDs are recognized by Sunflower with equal share of PWDsgrants,benefits including employment opportunities

IDs Independent Representation under NCPWD (Sunflower Logo) always alongside (Wheelchair) for PD to manage pwd programs and services hand in hand under the directions of NCPWD. Independent Representation within NCWPD to counties, sub-counties, wards and locations to promote and facilitate easy contact, awareness and registration

InvisibleDisability isnot easy to define or express.It is NOTvisiblefrom the outside but limit andchallenge aperson'sbodyfunctionsrestricting essential life activities

PIDs and all PWDs do not exist by mistake but by God's will like other human beings only able differently.

EveryPWD lives individual uniquelife,abledifferently andexperience theworld differently. Person with invisible Disability has a purpose, uniqueness and value. No matter the hurdles faced, PIDs are able differently not disabled. PID missing essential drugs and care hurts the body and brain, destabilize the brain, causes traumatizing behavior and anxiety which may result in suicides orrisktolivesaronund

Honorable chair and the committee,it ismydesire toknowhowmanyPIDs andPPDs are employeesofNCPWD.WhatisthesharefornonPWDs?

PWD programs and events including sports and culture be inclusive. Donations of funds be equally shared.Engage Red Cross doctors to help check vital signs and dispense individual essential drugs using current availableprescriptionswhile NCPWDandother promoters do mobility aids and hearing aids etic

OVER 70% of PIDs live in the streets; many terminate their lives to end the agonizing life. PainfullyPWDchildrenaredisownedbyfathers,caredforsolelybytheirvulnerablemotherswho are also psychologically affected and may terminate the lives of such children to end stigma, discrimination and difficulties.PIDs cannot even solicit financial help,theylook physically fit but their abilityisdifferentfromwhatthesocietyunderstand

*Independent Invisible Disability Representation in all Counties, Sub-counties and ward levels.

*COG and Honourable committee,PWDServices at the county levels are devastating.Corruption is the accesskey to all services.It is clear the lawhas become toothless.Offices have no official contact telephone lines. All offices use personal mobile phones.

• *National Ministries have also adopted ghost e-mail as the only mode of communication and contact.Frustrating experience with Ministry of Lands.Ministry of ICT and Communication confirmed National and Local Governments unwillingness to restore telephone contacts

MinistryofHealth,KEMSA,SocialProtection,NCPWD

• 1.Tomeet 70% of all PWD needs, it is necessary tohave PID& PPDoversight team in all boards &Committees in allgovernment andprivateinstitutionsincludingcivic Administrations
• 2.1 Ministry of Health, KEMSA, Social protection and NCPWD, is important that you understand that

90% of PIDs require essential healthcare / medication to manage conditions' agonizing symptomsand

dangers to these lives. Essential drugs and healthcare is primary drive for PIDs,

Stakeholders highlighted above,failure in your mandate to safeguard PWDs' lives has caused suicides,

Painful deaths and physical disabilities to PIDs. Examples -neurodivergent conditions

• 3.Deliberations and decisions onissues affectinghuman healthMUSTINVOLVE Ministry of Health,KEMSA,Social Protection and NCPWD.MUST deliberate together, decide together to save and improve the lives of Kenyans. Oversight PIDs & PPDs team be included
• 4.Health, Labour and Social Protection, independent PWD oversight at mashinanai to interact with PWDs, get clear pictures of PWDs mashinani lives and needs
• 5.OutpatientSHA contributionis a pure scam.What are the criteria used to determine individual SHA contribution. Jobless pwd without any earning contributes 550/- for hospital SHA form only is pure impunity. An able person mama mboga contributes 150/-
• 6.Ministry of Health, PWDs needs are individually unique. Transfer or referral cannot promptlyorinstantlymeettheneedsofthePIDs
• -Availabilityofessentialmedicinein anyhealthfacilitiesareinfluencedby:
• i)Thelengthoftimethepatienthas attendedclinicsinthefacility
• ii)Thenumber of patientsusing the drugs
• *Increase essential Health Funds, Ministry of Health and KEMSA,put in place local PIDs & PPDs to oversight proper accountability of essential drugs orders and dispensing.Engage andvet atonechemist ineverycountyandSub-countiesmain townsforPIDs/PWDs

essential

drugs.

-Put in place strict oversight measures for accountability. Urgently restore SHA outpatient essential

care.PWDstocontinueattentionandcareatLevel5facilities

• 7.NCPWD&SocialprotectionkindlyimplementPIDIndependentRepresentation,enforce inclusive disability laws and policies including employment opportunities.Effective penalties for exclusion, discrimination,harassment etc.ofPWDs.

• 8.NCPWD staff professionalism:Livingwith a disability is challenging.PWD on a wheelchairisnotbetterorworsethanPIDonessentialhealthcare.CorruptioninNCPWD has taken over humanity,empathy and compassion.Avoid stigmatizing and discriminating PWDs.Such statements like"You are evil spirit possessed,seek prayers and buy your gadgets"isdefamatoryandunprofessional
• BlockingPWDregistrationswithoutreasonsisdiscriminative.Note:Thousandsof PWDs have not be registered because of long distance registration centers, harassment andbribes
• NCPWD,tohaveallPWDsonboardandaccountedfor,NCPWDportalshouldbeopen all the time.Telephone and all othermeansofcontact and communicationbeactive and accessible.Currently,NCPWDportalandtelephonesaccessoperateonseasons

9. NCPWD Vetting

Ministry ofHealth,Social Protection and NCPWD:NCPWDconfirms that currently they have 9 vetting centers country wide. Voting centers are in every ward but PWD vetting centers are 9. Not realistic. NCPWD, PD vetting is not necessary, PIDs have doctors medical documents. My dilemma is working ghost PWDs obtain their KRA tax exemptions and stickers with ease whilegenuinePWDs havetopush,tobeg and appealforyearswithout success

• Longdistance travellingis too expensive and cumbersome toPWDs.Vettingbedone at thecountylevelReferralhospitalsanddonemonthly

10.NCPWD,urgently provide bracelets/wrist bandsfor PIDs.Amend registration forms toaccommodatemultipledisabilities

• NCPWDandsocialprotection,deliberationsanddecisionsaffectinghealthcare,social services including sports should have PID and PPD representatives on board to maximize PWD inclusive and equal welfare support, programs and events
• 11.Ministry ofLabour andSocial protection,NCPWD-PWDs terminating theirlives are uncountablewith noattentionfromrelevant authorities.Employmentdiscriminationandstigma havedenied PWDs opportunities despite having genuine education and professional documents. Authorities giventhe

mandatetooversightPWDswelfarearethemselvesnotPWDs

• 12.Social protection,2000/-cash transfer already on for PWDs at the end of life cannot even covertransporttothemainhealthcarefacilitieswhereessentialcareisfacilitated
• Implement inclusive increase ofPWDcash transfer tominimum of10,000/-to15000/-to cover food and transport.Vulnerable welfare support was deliberated and implemented by peoplewhoarenotPwDs
• Immediate action of PWDemployment opportunities share increases toPID15% and PPD 15%priority.PWDs on40-65yrs tobe considered on contractbasis.Oversightfunction isneededtocheckonpublicandprivatecompanies

• *Ministryof Labour and Social protection,include PID&PPDinPublic and private board and committees
• 13.Social isolation-Social protection put in place an all-inclusivefunded PWDprograms and eventsforinteraction and sharing.Together withNCPWD,enforce stringent laws and policieswhichprotectPWDs againstintentionalstigmatizinglabelslike evil spirit possession, wicked, discrimination and harassment in all areas including private accommodations

14.InformationandcommunicationBarriers Communicationrestrictionisatoolof discriminationbyPWDstakeholdersand representatives. Selected groups and people have and continue to be the only to receive and use all information about PWD.Programs are individualized,events are on selection.

15. Affordable Housing-Social protection clarify status of PWD inclusion in affordable housing program

16.EnvironmentalIssues

• Environmental pollution affects andpainfullyaffectsPWD'svulnerablehealth conditions.Air and water pollution affects respiratory, cardiovascular conditions, toxic wastecause cancer and disturbmental status.
• Burningof disposablerefuseisdoneanytime anywahere.
• Public smokingbaninKenyahas noteffectiveyet.Busterminus and marketsmain dangerous places

17.COG-TransportDifficulties

• Pedestriancrossingnotinrural towns
• CountyCouncilshaverevokeduse of marked publictransport drop andpickpoints of upto3kmstotapcouncil revenue.Roadswerecarefullydesignedforthecomfort ofthe (Motorbikes)costly and more frustrating tovulnerable people.Urgent action needed by ministry of Transport through this committee. KENHA already contacted and informedCOG
• Wheelchairpathways,safeforVision Challenged and allKenyans
• 18.Services andAccessibility toBuildings
• ExpressServiceCounters/points
• Rampswhereliftsarenotavailable
• PWDseparateWashrooms

COG-County access very challenging.VulnerablePWDs suffer more.No access to local governmentoffices unlessthroughbribes orbyconnection

ICT& Communicationconfirmed that allgovernment officesinKenya have optedout of public telephone linesrestoration.Email is just a ghost means of communication,not reliable.Kenyansinmashinani arefacingalotofchallengesinaccessinggovernment officescountrywide COG-Revive and include PID in PWD sports,culture and Socialevents.Itis an opportunityfor participation&interaction

GovernmentAdministration Offices,Ministries,Corporations

It iswithgreatconcern thatAdministrationOffices inKenyahavefailedtomeet their office obligations.PWDsfinditsodifficulttoaccesstheseofficesbecauseofobstacleswhichareinmade

National offices to local offices, every office have office heads, deputy, departmental officers. The reality is office bearers,deputies,directors, DC,DO, chiefs,assistant chiefs are rarely available.Reasons of absence are meetings.Same scenariogoeson for evenmonthsleaving peoplein need of services stranded andfrustrated

IEBC - PID & PPD represented. Express voting points for PWDs, Expectant mothers and the aged.

• PWDs Express Service counters in public and private companies

Honourablemembers andstakeholderswearelookingforwardforactionsfromallconcerned.

• 1.SHAcontribution tohighforjoblessvulnerablePWDs
• 2.Urgently reviewSHA outpatient essential care and monitor availability of services and drugs
• 3.Provide andmonitorEssential healthcare,special clinicsin county referrals on rotational basisupto3timesayear
• 4.Understand PWDs challenges,healthcare needs and essential care remains at Level 5 facilities
• 5.PIDindependent representation andbeidentifiedwith a Sunflower logo
• 6.IncludePID&PPDin all boards and committees for effective support and service delivery
• 7.PID& PPD oversight team for PWD service and support accountability
• 8.Put inplace toughmeasures to eradicateNCPWDcorruption and briberyforserviceswhich favourworkingghostPWDsmainlyforTaxexemptions and denysameservices toneedy pwds.NCPWD,professionalismmotivatePWDs
• 9.Vettingbereviewed toMonthly anddoneinCountyReferralHospitals
• 10.Reviewandamendregistrationformstoaccommodatemultipledisabilities
• 11.Provide wrist Bands, mobility aids, devices and gadgets

12. Increase employment opportunity shares 15% PID AND 15% PPD. Employ PWDs in qualified positions, support entrepreneurship

• 13.Increasecashtransferbenefitsto10,000-15000/-tocoverbasicneeds and transport.Social protection andNCPWDinclusiveawarenessprograms

BeatriceLikwop

Boadhi

Petitioner

Contact:0798725330

Date:15thJuly2025

ParliamentarySenateCommittee

MinistryofHealth-PublicHealth&ProfessionalStandards,MedicalServices&KEMSA

MinistryofLabour&SocialProtection&CitizenAffairs

MinistryofDevolution&Planning

COG-Chairperson for Gender,Youth, Sports,Culture & Social Services

NCPWD

KRA

RE:PETITIONONGOVERNMENTFAILURE TORECOGNIZE&INCLUDEPEOPLELIVINGWITH INVISIBLEDISABILITYINPWDPOLICIES,HEALTH MANAGEMENTANDSERVICEDELIVERY

HonourableChair,Committee,stakeholders,Comrades and caregiverspresenthereand away.Iherebycall foryourattentionthat:

Invisible Disability is not easy to define or express.It isNoTvisible from the outside but limitsPID's body functions and restricts essential life activities.PIDslive with challenges includinguntimelylife care.

GovernmentofKenyadoincludePWDsin thebudget inall stakeholders'allocations(Health-KEMSA, NCPWD,Labour andSocialprotection,Education,Gender-Youth,Sports and CulturebutPWDsaredenied essentialservices.CallingforaccountabilityofPWDallocationexpenditureandbywho,where

EveryPWDliveindividualuniquelife,abledifferentlyandexperiencetheworlddifferentlywithindividual needs,purpose,uniquenessandvalue.Nomatter thehurdlesfaced,BothPPDs&PIDs are abledifferently not disabled.

• -Invisible Disability be legaly RECOGNIZED,REPRESENTED independently & Sunflower LOGO adoptedbyNCPwDandallstakeholders.SunflowerLogoalongsidewheelchairLoGOinpromoting disability inclusion and equalityrights

VIOLATIONOFINVISIBLE&PWDDISABILITYRIGHTS

• -Ministry ofHealth,Labour&SocialProtection,COG,KRA and NCPWDarethemainstakeholdersin the deliberations,decisions and implementations of Disability act, policies,operation guidance and accountabilityfunctions
• -Itisapparent thatStakeholders'disconnectionandfailuretoincludePPDs&PIDsinthewhole process for is the main cause of misjudgement and miscalculations of PwDs needs for appropriate PwDssupport.2ooo/-welfare supportpermonth attheend lineoflifeofaPwD is shareholders' misjudgement and miscalculations.2ooo/-per month cannot alleviate poverty.

CompleteabsenceofthestakeholdersatthelocalgroundisnoticeablefromlowPWDREGISTRATION, awarenessprogramsnotinplace.ThisisViolationofPwDbillcoreprinciplestomeettheneedsof PWDs.

• -CountyPwDsofficers/StaffarenotPwDs.Doctorscarryingoutdisabilityassessmentsandvettingarenot PWDs

-ItisimportantthatallthestakeholdersPrioritisePwDsinclusionandincludeprofessionallyqualifiedPWD intheirnavigatinglife

ARTICLE57OFDISABILITYACT2025

• -Article57of DisabilityActclearlyshoutsthatPWDhasnoVALUEforLIFE,nofreedominKenya.Article 57denies PWDs'rights for welfare support,service delivery,personal and human rights when still with energytolive
• -ReadingArticle57of DisabilityAct 2025leavespain onthefacesofPWDs,kills thefaith,hope,abilities, skills&desiresofAbleDifferentlyPeople
• -Article57ofDisabilityAct2025,injurestheemotionsofPWDsanderodesthepositivepsychologicalstatus ofPWDs
• -Article57ofDisabilityAct2025favoursvulnerableablepeoplewithoutbodylimitations.70years+,widows

KENYANDEVOLUTIONADMINISTRATIVESYSTEMANDSTRUCTURE

Some countiesNCPWD offices are fully managed by people who ate notPWDs,SAME to social protection offices.

• -KenyanGovernmentLocalAdministrationshavenotadoptedNCPWD,DisabilityAct.Itisprovidedforshelf keeping.DisabilityActparticipationdataisdoctoredbySocialprotectionandNGOsbypickinglocal

withsamefunctionswithoutNationaloversight.

• -MinistryofDevolutionnotinapositiontooversightCountypublicServiceDelivery.47countiesinKenya donotfunction on the same constitution.A countyis freeto divertHealth allocationfund to ownpriorities leavingPIDswithoutessentialcare

CountyCommissionersareofficesareinactivewhichhascreatedlaxityinlocalAdministrativeoffice functions. Sub-County and wards are not active in PWD INLCUSIVE programs.DOs,DCCs and Chiefs are not there for the Kenyan Citizens but for their own corrupt system.PwDs rights are not in there books

MCAs,MPs,Senators are totallyabsent fromlocalgroundand dorecognizePwDs in their agenda and programs.AllpoliticalandAdministrativeleadershavenospaceforPwDs

withnoconcern,withstrengthandconfidencethatPWDsonlyqualifyforsocialprotectionpocketmoney

INCLUSION

• -PIDsexistinDisabilityAct2025paperbutNOTinactions.PIDsare excludedinmainstakeholderswelfare

DisabilityDayismarkedandcelebratedinKenyabydonatingmobilitygadgetsandpocketmoney toPPDs only.No essential drugs,nohearingdevices,white cane and others

• -Meagre2ooo/-pocketmoneyexcludePeoplewithinvisibledisability.PIDsrarelygointodeathbedsends buttoSUDDENUNEXPECTEDDEATH(SUDEP)

ItiscrucialthatArticle57ofDisabilityActisamendedtoincludeallPWDs IncludeallPWDsinwelfareprograms,increase2000/-welfareBenefit to10,000/Provideconstantessentialdrugs,gadgets,devices

PD and ID awareness programs, events be properly represented by relevant PWDS

Oversight all expenditures,cap government sitting allowances and international travels.Monday toFriday all senior government officers are all in meetings,From the CS or CEO,PS,Deputy or Directors all in meetings5daysinaweek.Accesstoproperinformationfromrelevantofficesisverydifficult. E-mailisaghostmeansofcommunication.

ECONOMICEMPOWERMENTPROGRAMS

• -PWDs are not in the Kenyan Government agenda and plans. Main targets are women and the youths in the bottomupplan.PwDsare5timesmorevulnerablethananyothervulnerablepersonintheworld.
• -Affordable Housing programs and vulnerable people empowerment programs excluded PWDs in totality. Theprograms favour peoplewith no disabilitieswhich include and quote from the manyprograms in leadership agendas and programs: Youths, Women, Men, Boda Boda operators, Matatu operators, Bishops, ReverendsandPastors

MINISTRYOFHEALTHINEFFECTIVE&INEFFICIENTESSENTIALSERVICEDELIERYFORPIDSNCPwD,SocialProtection,CoG

• -AllchallengesPWDsgoarecausedbyaplanningsystemimplementedbypeoplewhoarenotPWDs
• -Stakeholders, UHC is not affordable to PWDs. Most Affected is essential care for PIDs. Shareholders shifting ofresponsibilitieswithnoneofthethemawareorreadytoactforasolutionbutescapethroughdevolution. ThisisfrustratingtoPIDsandcaregivers
• -SHAisputtinglives ofPIDs atrisk.A contributionof6oo/-andmustbepaidquarterly oryearlyis agony forjoblessPwDswithbodylimitationswhichneedessentialcareformanagement.Thecontributionistoo highforjoblessPWD.
• -SHA contributionwithoutservices isinjustice-Noessential drugs,CurrentSUDDENinstruction that PIDsmove tolevel3&4isnothurtingandfrustratingPIDs.EssentialCarehasastarttoamanagement level.A healthcarefacilityhas toobtain anumberofserviceusers tobudgetforindividual careofPIDs.

INVISIBLEDISABILITYAWARENESS-

AllocationforPWDs inclusive awareness is in theKenya Government budgetbill but1%favoursPhysical DisabilityandnonforInvisibleDisabilitywhichviolatesDisabilityequalityrights

LackofPIDcommunityawarenessignitesstigmaanddiscriminationinthecommunitybecauseoflackof understanding,Cautiousinteractionand supportbecause ofbelievers and culture.IDawarenessis a key toPIDself-acceptance,findvalue

PWDS,ASSESSTMENT,REGISTRATION&VETTINGPOLICY&PROCESS

ThousandsofPIDShavenotbeenregisteredbecausedeniedPIDawarenessinclusionintheplanningline. Thousandsneedcounselingto enable them acceptwho they are.InKenya thousandsPIDslives areloste.g. through epilepsy,Autism,PsychoSocial,suicidesof the same peoplebecauseKenyan Governmentand stakeholdersanddeniedattentiontoraiseawareness,locatethosehelpthoseindenial

DISCRIMINATIVENCPWDASSESSMENT&VETTINGFORMS

NCPWDAssessmentform allows ONE disability choice.Some individuals have multiple disabilitieswhich requiredifferentneeds

KRAVETTING CENTERS

• -Stakeholders and KRA,VETTING for PDs is not necessary. (Amputees, cerebral Palsy, Crippled.Vision) NCPWDportalonseasonsfortheirconveniencenotforPWDsconvenience.NCPWDshouldbefully operationalandopen

Stakeholders andKRA,Assessment and Vetting doctors should be PWDsfor openness and understanding.

Currentlyvetting centers are 9 countrywide.This is not in consideration of thetravel challenges,travel and medicalpayments.OneNCPWDofficerreiteratesthatitisnotNCPWDconcerntoknoworfeelthechallenges butitisPWD"schoicetomakeitornot-ManderatoNakuru

NCPWD,MINISTRYOFHELATH,SOCIALPROTECTION&KRAASSESSMENT&VETTING CORRUPTION

StakeholdersincludingKRA,whileyourestrictgenuinePWDs'accesstoPWDservices,you areawareof ghostPWDswith cards and are enjoyingall PWDs services and ALL tax exemptions,salary tax,duty free carevery4years,donationsusedinappropriately

PIDESSENTIALDRUGS,GADGETS&DEVICES&WELFARESUPPORT

-It is a concern thatgovernmentbudget allocationstorelevant stakeholders,99.9%ofPIDsarenotincluded in welfare Benefits support,grants,gadgets and devices expenditure plans.PIDs are viewed as evil spirit possessed,NCPWDstaffusingthesamestigmatizinganddiscriminatestatement.

PIDsregistrations andverificationapplications areblockedorrejectedbyNCPWD.PIDs aredeniedgadgets, devices&essentialmedicalcare.

DigitalBraceletsarevitalforPIDs,ForfirstAid,healthcarewhentheycannotcommunicate,elopeorlose andallother PIDdevices andgadgets(white cane,Hearing Aids,essentialmedical care with constant availabilityofessentialdrugs

ACCESSIBILITY:Infrastructure&Services

Infrastructure -Difficult access by PWDs to high rise buildings without ramps,elevators, PWD Parking. Elevatorsdonothavevoiceguide

• -99%of business andresidentialhigh-risebuildingshavenot compliedwith thedisability act onbuildings
• -PWDs have no safe Pedestrian crossing, bus stops not appropriate for PWDs, sidewalks not available, foot
• ExpressServicecountersforPwDsnotavailableinKenyai.e.inBanks
• -80%Callcontactsnot operational in theKenyan Government Office,Corporations,SAGAs-In Government and Counties officers usepersonalmobilenumbers.Ministry of Lands is an example.PwDs accessibility to servicesisverychallenging

EMPLOYMENT

• -Contract jobsforPWDs.PWDs are able differently,have qualifications and skills towork andearna living. Governmentattentionisonlyonthosewhohavethestrengthtoraisetheirvoices,PwDssilentlycryingwith challengeswhichcanleadtoloseoflife

AsanexampleUHC,CHPscontractjobsallfavoredpeoplewitharenotPWDs Plus36-65yearsPwDsbeconsideredforcontractopportunities

PWDsSECURITY

PWDsrights.SocialProtectionreadtheprotectionrightsfrom thebookbutabsentInaction

P.OB0X17147-00100,Nairobi-Kenya Tel:+254111438968/+254722635598/+254704308368

differentlytalentedsociety@gmail.com,info@dtsk.or.ke,https://www.dtsk.or.ke/

OurRef:DTSK/11/07/2025

THECLERKOFTHESENATE P.O.BOX41842-00100 NAIROBI

RE:SUBMISSIONSTOTHESENATESTANDINGCOMMITTEEONLABOURAND SOCIALWELFAREONCHALLENGESFACEDBYPERSONSWITHINVISIBLE DISABILITIES

Referenceismadetotheletterofinvitationtothelabourandsocialwelfarecommittee sittingdated3rdJuly,2025videRef:SEN/DSEC/DISSC/SCLSW/2025/164forthe sitting scheduledon15thJuly,2025.

Our organization,Differently Talented Society of Kenya(DTSK)represented in the committee sitting is a membership psychosocial support group registered with the (ASD) and their primary caregivers.

Due to time constraints in the senate sitting on the mentioned date we were not able toadequatelyoutlineourfinalsubmissionsonthepetitionbyBeatriceLiwopon invisibledisabilities andrespond tothedetailedsubmissionsmadeinthesession.

Invisible disabilities or conditions that are not immediately apparent, often chronic and substantiallylimit aperson'sabilitytoperformessentialfunctions or dailyliving activitieswhilenotexplicitlymentionedinthecurrentPersonswithdisabilitiesAct, 2025,the definitionofPersonswithdisabilitiesintheAct encompassesbothpersons withvisible and invisible disabilities whose rights are enshrined andprotected in the Constitution of Kenya,2010.

Thebroad category ofpersonswithinvisibledisabilitiesincludes;

• a)Personswithpsychosocial disabilities[due tomental healthconditions].
• b)Personswithautismandrelatedneuro-developmentaldisabilities-Autism, Intellectualdisabilitiesandspecificlearningdisabilities.
• Personswithprogressivechronicconditions-Healthconditionsthatworsenover time,leading to a decline in health or function e.g. Cancer,multiple sclerosis, epilepsy, lupus, fibromyalgia etc.

Our prayers therefore are:

• 1.RecognitionofPersonswithinvisibledisabilities inrequisitelegislative frameworks,policy documents and in the regulations operationalizing the PersonswithdisabilityAct,2025.

17TH JULY, 2025

Differently Talented Society of Kenya

AutismAwareness,AcceplanceandInclusion

P.OB0X17147-00100,Nairobi-Kenya Tel:+254111438968/+254722635598/+254704308368

differentlytalentedsociety@gmail.com,info@dtsk.or.ke,https://www.dtsk.or.ke/

• 2.Collectionand disaggregationof data on persons with invisible disabilities especiallyas data is collected during thecensusorin theupcomingnational disability survey.
• 3.Traininganddeploymentofrehabilitativepersonnel to thelowestlevelsofcare toreducethecostofhabilitative andrehabilitative therapy[Occupational therapy,Physio-therapy,Speech therapy,Dietary Interventions,Behavior therapy,Play therapy,Counselling Psychologists].
• 4.Provisionofessential medication,foodsupplements andcontinenceproducts at thelowestlevelsofthehealthcaresystem.
• 5.Explicit inclusion in the existing social protection programs and other socioeconomic empowermentprograms.Personswith invisible disabilities experience difficulties accessing social protection programs because the"severity"of their disabilitycannotbevisiblyseennotwithstanding thatinvisibledisabilities substantially limit aperson'sabilitytoperformessential functionsordaily living activities.
• 6.Review the existing policy and guidelines on provision of assistive devices and technologiestoincludesensoryandalternativeandaugmentative communicationdevices andtechnologies enshrinedinthePersons with disabilitiesAct,2025andArticle54oftheConstitution.
• 7.Awarenessraisingandsensitizationof thepolice,healthworkers and thegeneral public on invisible disabilities-Thisis especiallybecause of non-speaking or minimalistspeakingchildrenandyoungadultswithautismorspeech impairmentswhowanderofforelopefromhomeandgetlostinthe community.
• 8.Recognizetheuseofsunflowerlanyards,wristbandsordigitizedtools[digitized bracelets,invisibledisabilitiesmedicalcardsetc.]-Usedtodiscreetlyidentifythat someone has a hidden disability or condition and mayrequire extra support, reasonableaccommodation,understanding,ortime.
• 9.Bring together the ministry of labour and social protection,ministry of health, theministryof education,thecouncil ofgovernors andstakeholders including theorganizationsofpersonswithinvisibledisabilitiesinrecognizingtheunique challenges andsystemicbarriers facedbypersonswithinvisibledisabilitiesto discussthepolicy direction andprogrammatic areas forpersonswith Invisible disabilities.

Allsupportfromthecommitteeinrealizingtheseprayersishighlyappreciatedbyour community.Onbehalfof theDTSKmanagementcommittee,members,personswith autismandtheirprimarycaregivers;

Yours Faithfully,

ALICEMUNDIA CHAIRPERSON-DTSK

APPENDIX 4: SUBMISSIONS FROM THE MINISTRY OF LABOUR ANDSOCIAL PROTECTION

APPENDIX 6: SUBMISSIONS FROM THE COUNCIL OFGOVERNORS

SENATE RECEED

1 5 APR 2025

EESER

DSE

COUNCILOFGOVERNORS

Westlands Delta House 2ndFloor, Waiyaki Way. PO.B0X40401-00100, Nairobi.

Ref. COG/6/10 Vol. 13 (29)

14th April 2025

J.M Nyegenye, CBS

ClerkoftheSenate P.O. B0X 41842-00100 Parliament Buildings NAIROBI

Dear Mr. Nyegenye,

REQUESTFORARESPONSETOTHEPETITIONONPEOPLEWITHINVISIBLEDISABILITIES

The above subject andyour letterREF:SEN/DSEC/DISSC/SCLSW/2o25/48 datedgthApril 2025 refers.

The Council recognizes that the concept of invisible disabilities though critical is still relatively new in mainstream policy discourse and, as such, lacks clear and explicit policy directionatboththeNational andCountylevels.

Nonetheless, we commend the petitioner for bringing much-needed attention to this often-overlooked area of disabilityinclusion.

In view of the above, the Council hereby presents a report, attached here in, on the issues raised inthepetition toSenateforconsiderationbythecommittee.

Condli

Yours sincerely,

DSKC

uindly deal

exX

MaryMwiti,EBS ChiefExecutiveOfficer

CQC

Ms· Mwana

Tel:(020)2403314,2403313

E-mail: info@cog.go.ke

COUNCILOFGOVERNORS

PERSONSWITHINVISIBLEDISABILITIES INTRODUCTION

The Council acknowledges receipt of the petition concerning the recognition, accommodation, and inclusion of persons livingwith invisible disabilities inKenya.

At the outset,the Council recognizes that theconceptofinvisible disabilities thoughcritical is still relatively new in mainstream policy discourse and, as such, lacks clear and explicit policy direction at both the National and County levels.Consequently, structured interventions targeting this category of disability have been limited across most Counties.

Nonetheless, we commend the petitioner for bringing much-needed attention to this oftenoverlooked area of disability inclusion.

INTERVENTIONSBYTHECOUNTYGOVERNMENTSONTHERECOGNITION, ACCOMMODATION,ANDINCLUSIONOFPERSONSLIVINGWITHINVISIBLEDISABILITIES

County governments are increasingly addressing issues related to invisible disabilities through

1.PolicyandLegislativeinterventions

Based on the National Framework, County Governments have developed specific disability laws and policies upon which to anchor disability interventions.Thepolicies and legislations acknowledgevarious forms of disabilities,includinginvisible disabilities, andseektopromote inclusivity and equal opportunities for all individuals with disabilities.

CountieslikeKilifi,Tana River,Lamu,Wajir,Meru,Embu,Machakos,Nakuru,Kakamega,Kisii and Nairobi have operational PWD Acts whereas Mombasa, Bungoma, Nandi, Kajiado, Migori andKisumuhaveoperationalPWDpolicies.TherestoftheCountiesincludingTharakaNithi, Uasin Gishu,Siaya,Isiolo,Makueni,Nyandarua,Kirinyaga,Nyamira arein different stages of development of disability inclusive laws and policies.

2.Medical Assesments

CountyGovernments have made significantstrides inimproving access tohealthcareservices for persons with disabilities,including those withinvisible disabilities.One of the most transformativedevelopmentshasbeenthedecentralizationof thedisabilitymedical assessmentprocess.

Previously,individualsseekingdisabilitycertificationhadtotravel toNairobi,aprocessthat wasburdensomeformany,especiallythosefromremoteorunderservedareas.

This changed following the decentralization of the Director of Medical Services' signature, whichisnowhandledbyCountyMedical OfficersofHealth.Asaresult,disabilityassessments cannowbeconductedandapproved atcounty-levelmedicalfacilities,makingtheservices moreaccessibleandefficient.

barrierthatpreviouslyexcludedmanyfromformalrecognitionandaccesstoservices.For instance,inMombasaCounty,residentswithoutdateddisabilitycertificatesweresupported torenew them at nocostfollowinga change in theNCPWDcertificate format.

further to form disability boards that oversee the entire spectrum of disability-related issues, from assessments to rights protection and service linkage.

3. Establishment of mental units and other support services

CountyGovernmentshaveestablishedmentalunitswithinmostofthelevel4andlevel5 facilities.MombasaCountyforinstancehas a well-equipped 72-bed mental unitcapacity inthe PortReitzSub-CountythatservesmostoftheCoastal region.

CountyGovernmentsfurtherhaveintegratedservicessuchas;Occupationaland physiotherapy, play therapy and rehabilitation and medication and counseling.

4.AwarenesscampaignsandCommunitysensitization

Through theCommunityHealthPromoters,County Governmentsareundertakingcommunity sensitization to demystify invisibledisabilities and reducestigma aswell as educatehouseholds on the medical natureof invisible disabilities,particularlythoseperceived as"witchcraft.

TheCommunityHealthPromoters further conduct outreachservices,targeting and identification of the people with invisible disability through homevisits,referrals to health facilities, mental health support services, and ensure that they adhere to clinic visits among others.CountiesincludingUasin Gishu,Vihiga,Kericho,Mombasa,Kilifi,Bugoma and Nairobi haveintegratedhousehold-leveloutreachesthroughCHPstoidentifycasesearlyandprovide psychosocial support.

5. Social protection and Economic Empowerment

CountyGovernmentshaveestablishedDisabilitySupportFundsforpeoplewithsevere disabilities including those with invisible disabilities.Wajir County for instance has established theWajirCountyDisabilityFundasenvisaged intheWajirCountyPWDsAct,2021with the beneficiaries each receiving ksh 4,ooo per month.

6.Documentation

SomeCountyGovernmentshavecomeupwithinterventionstoimprovethedocumentation ofinvisibledisabilitiesasasteptowardsenhancedservicedeliveryandpolicyformulation.A notable example isMurang'a County,whichhas adopted the AFYA.KE HealthManagement Information System (HMis) to digitally record cases of developmental and mental disorders.

7.Inclusive Education programmes

Counties have implemented inclusive education policies, ensuring that children with disabilities have equal opportunities in mainstream schools. This includes providing specialized teachers andassistivedevicesandprovisionofbursariestoPWDlearners.

Kirinyaga, Nairobi, and Makueni Counties for instance support special school placement and collaboratewithinstitutionslikeGiftedGentsandSPARKforrehabilitationandinclusive education.

8.Issuance of assistive devices

County Governments have implemented programs to provide assistive devices to PWDs including those with invisible disabilities, through various initiatives.

For instance, Nandi County, in collaboration with the organization Wheels for Kenya, donated assistive devices worth Ksh.20 million in 2022. Further, every financial year since 2018, the County allocates ksh.5 millionfor the purchase of assistive devices forPwDs.

9.Training and Capacity Buildingof County officials and the CHPs

Health Promoters on disability inclusion, ensuring they are equipped to effectively address the needsofPWDsincludingthosewith invisibledisability.

Nairobi,Kericho,Kajiado and Mombasa amongother Counties have conducted comprehensive trainings on sign language to bridge communication barriers, especially for deaf persons.

CHALLENGES

• 1.Policy gaps- The disability facing policies in Kenya generally address the disability rights.However, there's no explicit policy direction on invisible disability.

2. Public hospitals continue to face major challenges in maintaining a consistent supply of essential medicines, which affects all patients, including those with invisible disabilities. Forinstance, County Governmentshad received official communication from KEMSA regardingtheanticipatedsupplyofautismandincontinence-relatedcommodities,but thepromisedconsignmenthasyettobedelivered.

• which hinder their ability to roll out specialized programs for persons with invisible disabilities,recruitandretainqualifiedspecialistssuchaspsychiatristsandoccupational therapists,ensureconsistent availability ofessential medications,and sustainlong-term communityoutreach,rehabilitation,andsupportservices.

4. Shortage of Skilled Specialists: There is a notable lack of skilled specialists across the 47 Counties who are specifically equipped to diagnose, manage, and support people with invisible disabilities. These include psychiatrists, occupational therapists, speech and language therapists, behavioral therapists, and developmental specialists.

• a s collectoranalyzedataspecificallyrelatedtoinvisibledisabilities.CountyHealth Management Information Systems(HMiS),where used,tend to capture generalized disabilitystatisticswithoutfurthercategorization.
• 6.Stigma and Misconceptions: Deep-rooted cultural beliefs still hinder the acceptance andtreatmentoftheseconditions.
• 7.Lumping of Invisible Disabilities with General Disability Categories- Invisible disabilities areroutinelylumpedtogetherwithotherformsofvisibledisabilities,bothin programming and institutional approaches leading to inadequate attention to the specificinterventionsrequired aswell asskewedfundingpriorities,wherephysical disability aids are more readilyprocured thanpsychological supportservices.

RECOMMENDATIONS

• Institutionalize training and awareness oninvisible disabilities across public institutions andserviceproviders.
• invisibledisabilities.
• Mandate NcPwD to develop guidelines forthe classification,registration,and support ofpersonswithinvisibledisabilities.
• responsive to all forms of disability.
• Expand social protection schemes to accommodate invisible disabilities, including mentalhealth andchronicconditions.
• Enhance funding for community-basedrehabilitationandpsycho-socialsupport services.

WestlandsDeltaHouse2ndFloor,WaiyakiWay. P.O.B0X40401-00100, Nairobi.

Ref. COG/2/10 Vol. 24 (27)

22nd July 2025

J.M Nyegenye, CBS ClerkoftheSenate Parliament Buildings NAIROBI

Dear Mr. Nyegenye,

ADDITIONALSUBMISSIONSONTHEINTERVENTIONSBYCOUNTYGOVERNMENTSONTHE INCLUSIONANDACCOMODATIONOFPEOPLEWITHINVISIBLEDISABILITIES

Theabovesubjectmatterrefers.

During our appearance before the Senate Committee on Labour and Social Welfare on 15th July 2025, the Council committed to providing further information on the interventions being undertakenbyCountyGovernmentstosupportpersonswithinvisibledisabilities.

Thepurposeof thisletterthereforeistoforwardtheadditionalsubmissionsforyour consideration.

DDSEC

Yours sincerely,

Mindiy

deal

tioxe

0f2025

pum

dea

MaryMwiti,EBS ChiefExecutiveOfficer

25 JUL 2025

a4/0t/a0s

lga

24JUL2025

Tel:(020)2403314,2403313

E-mail:info@cog.go.ke

COUNCILOFGOVERNORS

THE RECOGNITION,ACCOMMODATION,AND INCLUSION OF PERSONS LIVING WITH INVISIBLEDISABILITIES

In addition to the earlier submissions, thefollowing arefurtherhighlights of ongoing County Government interventions aimed at enhancing the inclusion of persons with invisible disabilities:

1.MedicalAssessments

InMombasaCounty,residentswithoutdateddisabilitycertificatesweresupportedtorenew them at no cost following a change in the NcPWD certificate format. This exercise enabled more than 7oo individuals to access government support, including therapy, education support,andassistivedevices.

Kiambu County on the other hand has introduced the Autism and Neuro-developmental Disabilities Program to provide medical therapy,assistive devices and specialeducation scholarshipsforstudentswiththeseconditions.

2.Awarenesscampaigns and Community sensitization

its Integrated programme for persons with Disabilities (IPPD) which focuses on public awareness toreduce stigma,communitybased rehabilitation services,psychological support andcaregivereducation.

3.EconomicEmpowerment

The other Counties with dedicated disability funds includeNakuru,Kericho,Lamu and Samburu.

Notably,CountyGovernmentshaveputinplaceWomen,Youth andPWDEmpowerment FundActs&Regulationstoprovidefor theestablishment andmanagementof Funds aimed atacceleratingtheprovisionofFundingtoMSMEsownedPWDsbyincludingthosewith invisible disabilities,Women as well as theYouth.The Counties are:Mombasa,Kwale,Kilifi, Tana River, Lamu, Garissa, Wajir, Isiolo, Meru, Tharaka Nithi, Kitui, Makueni, Kirinyaga, Kiambu, Turkana, Samburu, Trans Nzoia, Elgeyo, Baringo, Bomet, Bungoma, Migori, Kisi.

Further, the NICHE programme, currently being implemented in select counties in Kenya provides targeted cash transfers to vulnerable households especially those with pregnant women, infants, and young children alongside complementary health and nutrition education which has significantly enhanced the nutritional status, caregiving practices, and healthseeking behaviors among beneficiary communities. Critically, the programme has contributed to the prevention of invisible disabilities, particularly developmental disorders, by addressing key risk factors early in life, particularly, the first 1,ooo days of a child's life is vital for healthy braindevelopment.

4.Issuanceofassistivedevices

HomaBayCountyisalsoimplementingaprogrammethatsupportsPWDs acrossall4owards. It provides assistive devices and tools of trade (e.g. sewing machines, salon kits, cybercafé equipment), thereby strengthening mobility and economic empowerment).

Notably, all County Governments havebeen actively issuing assistive devices.

5.Training and Capacity Building of County officials and the CHPs

Turkana County hosted extensive training workshops for organizations to develop disabilityinclusive programming, including for mental, cognitive, and developmental conditions. The County has alsocollaborated withHumanity and InclusionKenya toimplement the'InBusiness Project' supporting micro-entrepreneurs with disabilities, including cognitive and psychosocial disabilities, in Kakuma and Kalobeyei.

6.Inclusion attheDevolutionConference2025

The upcoming 2025DevolutionConference will feature targeted engagements on disability inclusion through dedicated side events. In line with the theme of this year's conference on inclusion,theCouncilgranted a full waivertotheNational Council forPersonswithDisabilities (NCPWD)tohost asideevent.Thisplatformwillprovide anopportunity todeliberate on critical issues affecting PwDs and ensure their voices are meaningfully represented in the national discourse.

2 0 NOV 2024

WestlandsDeltaHouse2dFloor,WaiyakiWay. P.O.B0X40401-00100, Nairobi. THE.SENA

Tel:(020)2403314,2403313

E-mail:info@cog.go.ke

Theabovematterrefers.

TheCouncil is inreceipt of your letter dated7thNovember 2024 andREF: SEN/DsEC/DISSC/SCLSW/2024/188requestingtheCouncil tosubmitaresponseon the abovereferencedand toappearbeforetheSenateStandingCommitteeon to respond to issuesraised in thepetition.

TheCouncil hasconsideredthepetition andwouldlike tonoteasfollows:

• 1.TheCouncilacknowledges theissuesraisedwithin the petitionas fundamental issuestouchingontheBill ofRightsandparticularlyArticles21, 43,and54 of theConstitution.

2. The issue of invisible disability and its recognition has yet to receive explicit policy direction. In light of this, the Council is committed to supporting a conversationonsafeguarding thewelfareandrightsofpersonswith invisibledisabilitieswithinthecontextofdevolution.

Additionally,weseekareschedulingof theCouncil's appearance toa laterdate to allowfortheparticipationoftheChairperson.

Please accept the assurance of ourhighest esteem and consideration.

Yours sincerely,

Ms· Mwancte

deaf

Mary Mwiti Chief Executive Officer

[Londly

2il/2024

2024

APPENDIX 5: SUBMISSIONS FROM THE MINISTRY OFHEALTH

MINISTRY OF HEALTH OFFICEOFTHECABINETSECRETARY

Telegraphic Address"Health" Emailcs@health.go.ke

TelephoncNairobi254-020-2717077 When replyingplease quote: Ref: MOH/SDMS/SENATE/NOL.IV(57)

Mr. J. M. Nyegenye, CBS Cierk of the Senate P.O.B0x41812-00100 NAIROBI

RE:INVITATION TOAMEETINGONTHEPETITIONCONCERNING PEOPLELIVINGWITHINVISIBLEDISABILITY

Reference is made toyour letter Ref:SEN/DsEC/DIsSC/SCLsW/2025/130 dated27thMay2025ontheabovesubject.

Attached herewith is our response to the questions raised.

Hon.Aden-Duale,EGH CABINETSECRETARY

Encls.

AFYAHOUSE P.O.Box30016-00100

CATHEDRALROAD NAIROBI 2nd June 2025

RESPONSE TOPETITION BY MS.BEATRICELIKWOP ON INCLUSION OF PERSONSWITHINVISIBLEDISABILITIES

Chairperson and Honorable Members;

The Ministry of Health acknowledges the concerns raised in thePetition presented by Ms.Beatrice Likwop regarding the recognition and inclusion of persons living with invisible disabilities. We thank the Senate for its commitment tohighlighting thisimportantissue andforfacilitatingpublic discoursearound therightsanddignityofallpersonslivingwithdisabilities.

Invisible disabilities—such as epilepsy, fibromyalgia, and various mental health conditions—can significantly impair daily.functioning, yet often remain unrecognized due to their non-apparent nature. As a result. individualsliving with these conditionsfrequentlyencounter systemic barriers,stigma,andexclusionfromservices,accommodations,andbroader societalacceptance.

Chairperson and Honorable Members,

The Ministry of Health fully recognizes the unique challenges faced by persons living with invisible disabilities,and the need for deliberate policy and programmaticinterventionstoeliminatesystemicbarriers.ensureequitable access to care,and uphold their rights and dignity. In this regard, the Ministry has developed and implemented several key policies and management

MINISTRY OF HEALTH OFFICEOFTHECABINETSECRETARY

Telegraphic Address"Health" TelephoncNairobi254-020-2717077 Emailcs@health.go.ke When replyingplease quote:

Ref: MOH/SDMS/SENATE/NOL.IV(57)

Mr. J. M. Nyegenye, CBS CierkoftheSenate P.O.B0x41812-00100 NAIROBI

RE: INVITATION TO A MEETING ON THE PETITION CONCERNING PEOPLELIVINGWITHINVISIBLEDISABILITY

Reference is made to your letter Ref: SEN/DSEC/DISSC/SCLSW/2025/130 dated27thMay2025on the abovesubject.

Attached herewith is our response to the questions raised.

Hon. Aden-Duale,EGH CABINETSECRETARY

Encls.

AFYAHOUSE CATHEDRALROAD P.O.Box30016-00100 NAIROBI 2nd June 2025

RESPONSE TOPETITION BYMS.BEATRICELIKWOP ON INCLUSION OF PERSONSWITHINVISIBLEDISABILITIES

Chairperson andHonorableMembers;

TheMinistryofHealthacknowledges theconcernsraised inthePetition presented by Ms. Beatrice Likwop regarding the recognition and inclusion of persons living with invisible disabilities.We thank the Senate for its commitmenttohighlighting thisimportantissueand forfacilitatingpublic discourse around the rights and dignity of all persons living with disabilities.

Invisible disabilities—such as epilepsy, fibromyalgia,and various mental health conditions—can significantly impair daily.functioning, yet often remainunrecognized due to their non-apparent nature.As aresult. individualslivingwiththeseconditionsfrequentlyencountersystemic barriers,stigma,andexclusionfromservices,accommodations,andbroader societal acceptance.

Chairperson and HonorableMembers,

The Ministry of Healthfully recognizes the uniquechallenges faced by persons livingwithinvisibledisabilities,andtheneed for deliberate policy and programmaticinterventionsto eliminatesystemicbarriers.ensureequitable access to care,and uphold their rights and dignity. ln this regard,the Ministry has developed and implemented several keypolicies and management equity and dignity in healthcare. Through sustained collaboration with the National Council for Persons with Disabilities (NCPWD), Organizations of Persons with Disabilities (OPDs), and other stakeholders, we remain dedicated to ensuring that health services are inclusive, accessible, and responsive to the needs of all Kenyans—visible and invisible alike.

Iherebysubmit,

CHonAden Duale,EGH CABINETSECRETARY

MINISTRYOFHEALTH OFFICEOFTHECABINETSECRETARY

Telegraphic Address“Health"

TelephoneNairobi254-020-2717077

Email:cs.medical@health.go.ke

Whenreplyingpleasequote:

Ref:MOH/CS/VOL.IV/152

Mr. J. M. Nyegenye, CBS

ClerkoftheSenate P.O.Box 41812-00100 NAIROBI

Dear Sir, AFYAHOUSE CATHEDRALROAD P.O.Box30016-00100 NAIROBI

RE: RESPONSETO THEPETITION CONCERNINGPERSONS WITHINVISIBLEDISABILITIES

Reference is made to a letter Ref: SEN/ DSEC/DISSC/SCLSWW/2024/187 dated 7th November,2024,onthe abovesubjectmatter.

Attached herein is the Ministry's response for your further necessary action.

Thank you for your collaboration and continued support.

Yours Sincerely,

Copy to:

Principal Secretary

State DepartmentforMedical Services

Enci.

UUA

deal

Mudly

12024

Ms·Mwanat

Kuudly

MINISTRYOFHEALTH OFFICEOFTHECABINETSECRETARY

RESPONSE TO THE PETITION CONCERNING PERSONS WITH INVISIBLEDISABILITIES

requesting for response on the above subject matter refers. The Ministry responds asfollows:

Response

INTRODUCTION

HonourableChairandHonourableMembers

advocating for the recognition and inclusion of persons with invisible disabilities. This petition aligns with the government's overarching commitment to Universal Health Coverage (UHC), ensuring no one is left behind. Invisible disabilities, though not immediately apparent, profoundly affect individuals' ability to engage in recognizes the need for tailored strategies to address these challenges and is committed tobuilding a more inclusivehealthcare system.

UnderstandingInvisibleDisabilities

Invisible disabilitiesrefertoimpairments thatare notimmediatelyvisiblebut significantly impact an individual's physical, mental, or emotional functioning.

Examples include neurological conditions (e.g, epilepsy), chronic illnesses (e.g., fibromyalgia, lupus), and mental health disorders (e.g., anxiety, depression). Unlike visible disabilities, they often go unrecognized, leading to inadequate support and frequent discrimination.

THEHISTORYOFADVOCACYFORPERSONSWITHDISABILITIES INKENYAANDCONTINUEDINCLUSIVITYEFFORTS

HonourableChairandHonourableMembers

Kenya has a rich history of advocating for the rights of persons with disabilities. Advocacy efforts gained momentum in the 1970s and 1980s, driven by grassroots organizations, religious groups, and civil society. These initiatives sought to create awareness about the rights and needs of PWDs, who were often marginalized and addressaccessibilityandinclusion.

The 1990s marked a turning point, with the adoption of international frameworks such as the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities. These frameworks inspired local advocacy, culminating in the enactment of the Persons with Disabilities Act in 2003. This legislation established the National Council for Persons with Disabilities (NCPWD), a key body that advocates for the rights and welfare of PWWDs. Over time, advocacy efforts have expanded to focus on areas such as inclusive education, employment, healthcare, and political representation, reinforced by Kenya's ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)

Some of the initiativesto ensure inclusion of PWDs include:

1. Assessment and Categorization of Persons with disabilities for purposes ofregistration

In 2008, the National Council for Persons with Disabilities (NCPWD) formally requested the Ministry of Health to spearhead the process of assessing and categorizing disabilities for purposes of registration. The ministry went ahead and developed an assessment tool and established assessment committees in PWVDs by the NCPWVD by the year 2022. Invisible disabilities including epilepsy, fibromyalgia among others being part of that number.

Despite the Act's progressive provisions, the absence of standardized disabilities.

2.Development of Disability Medical Assessment and Categorization Guidelines

To address these gaps, the Ministry, in collaboration with stakeholders, developed the Disability Medical Assessment and Categorization Guidelines and were finalized in 2022 enabling decentralization of the assessment process and finalization of disability assessment reports at the Counties.

The guidelineslargely adopted theInternational Classificationof Functioning, Disability, and Health (ICF) MODEL, a framework developed by the World Health Organization (WHO) to describe and measure health and disability.

These guidelines are among the first in the region to adopt such a holistic framework, reflecting Kenya's leadership in disability inclusion.

ICF consist of the following two primary parts in assessment:

a)FunctioningandDisability

BodyFunctionsandStructures:

cardiovascular systems) and anatomical structures (e.g., organs, limbs).

Activitiesand Participation:

Refers to an individual's ability toperform tasks(activities) and involvement in life situations (participation). Examples include communication, mobility, and work.

b)Contextual Factors

EnvironmentalFactors:

Externalinfluenceslikesocialattitudes,architecturalbarriers,andassistive technologies that affect a person's functioning.

Personal Factors:

Characteristics unique to the individual, such as age, gender, lifestyle, and education.(Note: Unlike other sections, WHO does not classify personal factors due to variability.)

Why the ICF is Crucial for Assessing Invisible Disabilities

• (i)Holistic Evaluation: The ICF goes beyond physical symptoms to consider mental, social, and environmental dimensions of health.
• (i)Functional Focus: Emphasizes what the individual can do and the barriers they face, rather than solely relying on medical diagnoses.
• (i) Personalization: This takes into account the unique interplay of personal and contextual factors in shaping an individual's experience.
• (iv) Advocacy and Inclusion: Highlights the need for societal and environmental adjustments to support individuals with invisible disabilities.

Inclusion ofinvisible disabilitiesin the guidelines

The Disability Medical Assessment and Categorization Guidelines categorize disabilities into different domains including:

• (i) Physical Disabilities
• (i) Visual Impairments
• (ii)Hearing,Speech,and LanguageDisabilities
• (iv)Mental HealthDisorders,Intellectual Disabilities andAutismSpectrumDisorders
• (v)Progressive Chronic Conditions
• (vi)Maxillofacial Disabilities

Invisible disabilities fall into any of the domains listed above:

Epilepsy and fibromyalgia that Beatrice indicated to be suffering from are explicitly listed under neurological and musculoskeletal conditions under the chronic progressive disability domain.

3.Establishment of the Social Health Authority

Thesocial health authority,thatreplaced NHIFhascreatedthreefundsthathave in a greater way expanded the scope of healthcare services covered and shall expand access to healthcare services to all Kenyans. The funds established are:

• (i)Primary Health Care Fund: purchase primary healthcare services from primary healthcare facilities or a level 4 primary healthcare referral facility designated by the Authority for access to services under the Primary Healthcare Fund. Supports preventive care and early diagnosis of chronic conditions.
• (i)Social HealthInsuranceFund:Coversoutpatientandinpatientservices, including specialist consultations and diagnostics. At level 4,5, and 6 facilities
• (i) Emergency, Chronic, and Critical Illness Fund: The Emergency, Chronic, and Critical llness Fund shall be used to—ensure access to quality emergency services and critical care; ensure access to quality treatment of critical medical care. This fund was established to provide money to pay the costs of managing chronic diseases after depletion of the SHIF and cover the costs of emergency treatment. This fund addresses urgent healthcare needs (e.g., accidents, natural disasters) and long-term management of chronic illnesses, ensuring no one is left behind during critical moments.

These funds collectively eliminate financial barriers to accessing care for individuals with disabilities including those with invisible disabilities.

4.Establishment of Rehabilitation Services Technical Working Group (TWG)

Recognizing the challenges faced by persons with disabilities in accessing healthcare services, the Ministry established the Rehabilitation Services Technical Working Group (TWG) in 2023.

Membership include: Organizations for PWWDs, Organizations of PVWDs, Government and Non-government agencies, training institution among others.

P o s s a na i this TWG and submit their inputs on how access to health care and rehabilitation services can be improved to ensure inclusivity for all.

Conclusion

The Ministry of Health reaffirms its commitment to ending discrimination and ensuring the full inclusion ofpersons with invisible disabilities inall aspects of collaborations, and fostering inclusivity; the Ministry strives to uphold the rights of all Kenyans under the letter/ spirit of the Constitution and the principles of UHC. The Ministry welcomes further dialogue with stakeholders and remains dedicated tocreatinganequitablehealthcareenvironmentforall.

Honourable Chair andHonourableMembers,I herebySubmit.

REPUBLIC OF KENYA

Telegraphic Address 'Bunge',Nairobi Telephone 2848000 Fax:2243694 E-mail:clerk.senate@parliament.go.ke

PARLIAMENT OFFICE OF THE CLERK OF THE SENATE

The Senate Clerk's Chambers Parliament Buildings P.O.Box41842-00100 NAIROBI,Kenya

7th November, 2024

REF:SEN/DSEC/DISSC/SCLSW/2024/187

Dr. Debra Barasa, Cabinet Secretary, Ministry of Health, P.O.B0x 30016-00100, NAIROBI.

Dear Madam,

RE:PETITION CONCERNINGPERSONSWITHINVISIBLEDISABILITY

The Standing Committee on Labour and Social Welfare is established under standing order 228(3) of the Senate Standing Orders. The Committee is mandated to consider all matters related to manpower and human resources planning, pension, gender, culture and social welfare, youth, National Youth Service, children's welfare, national heritage, betting, lotteries and sports, public entertainment, public amenities and recreation.

persons with invisible disability. At its meeting held on Tuesday, 29th October, 2024, the Committee considered thePetition and resolved to-

1. Request you to submit a comprehensive response to the issues raised in the Petition to be received on or before Friday,15th November, 2024; and 2. Invite you to appear before the Committee on Monday, 18th November, 2024 at the Mini Chamber, First Floor, County Hall Building, Nairobi at 2.00 pm to respond to the issues raised in the Petition.

Attached is a copy of the Petition for your reference.

Ms.Mwanate Shaban,Senior Clerk Assistant (Cell Number-0726953257;Email: mwanate.shaban@parliament.go.ke), is the Clerk to the Committee and is responsible for all arrangements relating to this matter.

Yours faithfully,

办 J.M.NYEGENYE,CBS, CLERK OE THE SENATE.

REPUBLICOFKENYA

13TPARLIAMENT|4T!SENATE

INTERNALMEMO

From:

Director,Legislative and Procedural Services

To:

Ag.Director,SocioEconomic Committees

Date:

2nd October, 2024

RE:

COMMITTALOFAPETITIONTOASTANDINGCOMMITTEE

At the Sitting of the Senate held on Wednesday, 2nd October, 2024, the following Petition was presented to the Senate pursuant to Standing Order 236 and referred to the relevant Standing Committee pursuant to Standing Order 238 (1) -

| SUBJECTOFTHEPETITION | PRESENTED/ | COMMITTEE REPORTEDBYREFERREDTODATE | REPORTING | |--------------------------------------------------------------------------------------------------|--------------|--------------------------------------|-------------| | Petition to the Senate by Ms. Beatrice Likwop concerning people living with invisible disability | Speaker | LabourandSociall01/12/2024 Welfare | |

Pursuant to Standing Order 238(2), the Standing Committee is required to consider the Petition within sixty (60) calendar days from the time of reading the prayers and table its report in the Senate for consideration.

Kindly bring this matter to the attention of the said Standing Committee.

S. N.RUGE,OGW

Copies to:

Deputy Clerk (M.A) Deputy Clerk (E.G)

012024

heChetk cl the senate Failiament Doildings PO.B41842.00100 Nalrobl

Imoll:caisenatoelamentgole

RE:PETITIONTOTHESENATECONCERNINGPEOPLEWITHINVISIBLEDISABILITY

attentionoftheSenatetothefollowing:

• disability and are not recognized and not included in the Gdetnment policies invisible strategies.Children andadults livingwith invisible disability are Ranagement levelrelevant authoritiesuptotheNationalgovemment.ChildrenandAdtsatinvisibledisabilty mtheground have different,behaviour,feelings and capability from physical disability
• 1.1That,MinistryofHealth,ocial protection,NcpwDpolicieshavebarrierswhichdenypeople living withinvisibledisabilities accessto life saving essential treatment andmedicinewhich isthemain managementof invisjbledisabilitywhichwithouttrigger lifethreateningepisodes.The attacksresult in body injuries, painfully affects mental, emotional and behavioural status. After effects are traumatizing which occasionally lead to suicides to end the agony.The courageous ones, painfully die silently duelackof medicine and financesto buy.NHiF contributionshavebeenfortheforms only. Essential medicinenotavailableinReferralHospitals
• 1.2That,theundersignedrequiresconstantessentialmedicine,Neurologist,Cardiologistservicesoncea yearwhich arenotavailablein county referral hospitals.EEG,ECGequipment notavailable.The servicesarenotaffordableinprivatehospitals.MynearestgovernmenthospitalsareMTRH,KNH, Nakuru.Iam unabletofinancetravellingandservices
• 1.3That,NcpWDandSocialprotectionhavenotsetprogramsforpeoplelivingwithinvisibledisabilities. Currentprograms,Governmentjobslots,support,benefitsdonorfundsandprojectsaresolelyfor peoplewithphysical disability.Financial support,overnmentand donorfundsqualification stated and underlinedbyNcpWD andSocial protection isthatonemustbedriddenpwdswith care giverare the onlybeneficiaries

2. Corruptionisthekeyforallbenefits,funds,jobopportunityslotsinrelevantgovernmientandother stake holdersie,Red Cross,WorldVision,areforpeople physical disability.Socialprotection,Pwd committee/representativeshaveallowed corruption in the wholesystem.Rejecting applicationsfrom peoplewith invisible disability, thosenotwilling to corrupt or not high authority connected to subcountyauthorities

PETITIONCONCERNINGINVISIBLEDISABILITY

• 2.1 That, personally 1 have not been in contact with Community Health Promoters who wananchi appreciatedwithgreathope toidentifypeoplewith liferiskingconditionswhoareoccasionally in needofemergencyattentionandfirstaidPersonally,Ihavenotbeensuccessfulingettingaredcard which isa necessityforproperattentionduring emergencyneed/FirstAidwhenIam unconsciousto avoid wrong first aid and drug injections.For rescue when in a mental challenge and not able to recognize,knowmywhereaboutsorlocateplaceresidence
• 2.2That,the government of Kenya has not sensitized the society about invisible disability.This has causedpainful stlgmaand discriminatlon;Theundersigned,socletyviewandbelieve thatIamevil spiritspossessed.Condition hasleft mewithouta sociallife.Nofriends.Iamnot accepted inrental premises,noaccepted ingroups.Theconditionhasrestrictedmynormallifeactivities

Liioly

A.Macleoc

DLPS

MA

• 2.3 That,People with Invisible disabllity are ellgible to work.With cssentlal medlcine and other techniques which learnt,Iam able to communlcate,coordinate,walk,wrlte and can perform lht tasks which are within my ability. Can perform office dutles.' have made appllcatlons for Job opportunities since 2017.Honorable senate offce,nohustle,no shelter, no essentlalmedlcine, no food. People do not just donate or support adults especlally those physically fit but restricted by unseen disabilities

3. That,Icannot perform anyworkwhichrequiresbody pressure,not inalrpolluted/lowoxygenlevel or very humid environment.Drinks and foods restricted andwithout chemicals which can trigger the condition.Must avoidSharptools/objects

• conditions canbetriggeredanywhere,eveninapublictransport.In2019onmywayfromNakuru,1 till nextmorningwhenNHIFwithalotof persuasion,withaletterfromNCPWDaccepted approval
• 3.2 That, people with invisible disability get prompt attention/ express services in hospitals, banking halls, supermarkets and many others. The undersigned cannot seek services offered in underground floors i.e. Longisa referral hospital outpatient. Twice painfully had a traumatizing episode when on medical visit and was not allowed to use emergency wing. Twice refused services in a referral hospital, because symptoms are unseen, even after identifying my condition using NcPWD card, 1 hourlaterregained intheICU.
• That,Imadethebesteffortsto have these matters addressedbyrelevant authoritiesin formSubCounty to the National ofices:Ministry of Health,Social protection,PublicService,NCPWD,KHRC, Kenya womenAssociation,all ofwhich havefailedgiveanyresponseoranyaction
• PetitiontotheSenateofficeby:BeatriceLikwopconcerningPeoplelivingwithInvisibleDisability

5. That,none oftheseissuesraisedinthispetitionispendinginanyCourtof Law,constitutional orany other legal body.

RE:PETTITIONCONCERNINGINVISIBLEDISABILITY

My.humblepetitionprayerthattheSenate:

• 1.Petition the government torecognize and include peoplewith invisible disability in government policies andmanagement strategies.Sensitize societyand medicstominimize stigma and discrimination
• 2 Petition thegovernment tooverseeconstantsupplyandensureavailabilityofessential medicine andtreatment inReferral Hospitals.Relevant invisibledisabilitycondition specialistseveryyearin referral hospitals.Close psychological and emotional support toprevent suicides. Give a chance to same category disability interaction.Reasonablefinancial supportupto60oo/-cancoverbasic needs

3. PetitionforPeople with invisible Disabilityto have arepresentativefrom invisibledisability category andplanforsuitablesupportncludingbenefitsfundsjobpporunitiesandrogramsemoveall entirejourneynotwhenbedridden

FhAugust2o24 Beafc demyn Beehi

Dated this

Cota:oqVoi Ca