Why transport for persons with disabilities in Kenya remains a mere dream .AKA uchukuzi ni ndoto Kenya.

Despite the policies, regulations and constitutional provisions protecting persons living with disabilities, we still remain among the marginalised lot in Kenya. The persons with disabilities in Kenya hardly access any specialised support services in urban and rural areas. Instead they depend in third parties for support. However, the helpers are mostly ignorant of their plight and are sometimes unavailable. In the major cities in Kenya such as Nairobi, Mombasa and Meru, we the disabled persons do not enjoy the right to access the public spaces as most of the facilities are yet to comply with the legislation. The Kenyan Constitution binds all construction works to have accessibility features e.g tactile marks for the Blind and deaf blind person, ramps, to easily access the facilities. Mostly we persons with different mobility needs often find it difficult to use the available transport systems both in the rural and urban areas in Kenya. This is because the systems have not been developed to suit our needs, and we often face discrimination when it comes to using matatus, a popular form of public transport in Kenya. There have been reported cases where persons living with disabilities have been mistreated by matatu touts, a practice which is widespread in the sector, especially in the cities. As such, there has been public outcry from persons living with disabilities over harassment by touts and other matatu stakeholders who infringe on their right to access and use of public facilities as stipulated in the law. This state of affairs has forced the majority of the persons with disabilities to be left behind in the social, economic and political participation in the country. Their productivity levels have been greatly hindered and this proves burdensome to the country’s economic progress in the long run. According to me having been a victim as I share on my website The white cane miles. www.mugambipaul.com There is intentional lack of commitment among stakeholders to ensure transport is accessible. I was literally shocked when the Governor of Nairobi wanted to remove the Motor cycle crew from town. Although his intention was noble but the lack of consulting individuals with disabilities like me who use the motor cycle for transport shows lack of participationn . The Blind persons like me we don’t use motor cycle for luxury neither do we enjoy using it. The truth of the matter its an expensive afair since I have to pay extra cost in order to reach to my destination safely and on time. The simple reason is due to the lack of execution of proper road systems which could have been established to make as independent road users. There are no pathways, there exists potholes, open seewers etc Many blind fellows and other mobility impaired persons we have injuries associated with road usage and in our bodies we possess marks which remind us of the harsh reality that our Kenyan roads are not accessible. Its prudent to say that even after 15 years of the Persons with Disabilities Act No.14 of 2003 nothing much has been achieved on the access to transport. Same applies to the existing road and construction legislations. The act provides for the realisation of the rights of persons living with disabilities and equal opportunities. On a personal level I would like to make an appeal that Its high time matatu touts stopped harassing persons with disability because anyone can be disabled any time,. The transport industry in Kenya needs to establish information booths where we can record harassment and crude behaviour by matatu touts who often abuse and insult most of the disabled people. Through this the transport industry will actually get reliable data and thus being able to address with implementation of policies of stopping abuse to my fellow persons with disabilities. the constitution is clear that all persons have the right to use the available transport systems in the country, therefore the public should be tolerant towards persons living with disabilities and assist them in every area. In most cases drivers and conductors of matatus refuse to stop to pick a person with a disability and instead just drive off past them or even just refuse to assist. When they see a white cane or a wheelchair most of the time they think we are beggars and they see our assistive devices as burden. They forget there vehicles are the once which are not accessible. They normally rash at high speeds and live us hanging there since they tell us they don’t have time for us. many a times we the blind fellows find it difficult to identify designated street crossing points, knowing when it was safe to cross and crossing within the allotted time where there are traffic lights. most of these traffic lights are not audible, don't vibrate nor brailled. one of my mobility impaired individual tellss me that he he has to wake up very early to catch up with the public service vehicles before other people as this is when the operators can afford time for him to board. He has to leave work very late after other people have gone and when the rush hour has gone down. Besides the difficulties experienced because of the rush hour the design of vehicles is another major problem. Narrow entrances, high stairs and lack of grabs pose major challenges to the physically disabled persons to board and disembark. Most of the time wheelchair users are either carried or have to crawl in order to board and disembark. The vehicles do not have enough space to stow wheelchairs and clutches and times their users are required to pay for the extra space they occupy. The deaf experience difficulty in communicating with the public service crew especially when explaining their destinations or even when asking to be given their fare balances. Where visual information such as destination signs on public service vehicles are absent, they experience difficulties identifying the right vehicle to board. Article. for many blind fellows its normal for a vehicle either to drop you past your destination, wrong station or before reaching! All vehicles in Kenya don't have audio announcements passing particular station nor they don't have audio signals in the vehicles. the article 54 of the Constitution of Kenya provides that a person with any disability is entitled to be treated with dignity and respect and to be addressed in a manner that is not demeaning. It furthers states that one is entitled to reasonable access to all places, public transport and information. This is what led me to compose a song entitled “heshima kwa fimbo yangu respect to my white cane” Which can be found on my website www.mugambipaul.com Later on I joined the national federation of the Blind UK and composed a song on road access. https://youtu.be/fyRzMEJNheA Even though the Kenyan government is yet to meet the obligation of mandate on representation of persons with disability with five per cent in public positions, the right to access to use of State facilities has not been met, leaving many disabled persons vulnerable in the society. The government still has the responsibility to take steps towards the full realisation of the rights of persons with disabilities as set out in the Persons with Disability Act 2003 and road regulations. The matatu sector is, however, yet to comply with the existing policies as established under Section 23 of Persons with Disability Act 2003 which imposes an obligation upon public service vehicle providers to adapt them to suit persons with disabilities. Stakeholders in the transport sector should thus develop policies and regulations that cut across the board, on whether a person is disabled or not. You can imagine the long wait for justice for persons with disabilities while non disabled persons enjoy the right to transport. According to the Kenyan laws, the state should promote and protect human rights. Therefore, the State and non-state actors including the society should start looking after persons living with disabilities, ensuring that their rights are promoted and protected as provided for in the law. The National Council for Persons with Disabilities (NCPWD) which is a State institution formed under Persons with Disability Act 2003 under the Ministry of Labour Social Security and Services, is also mandated to promote the rights of persons with disabilities in Kenya and mainstream disability issues into all aspects of national development. Its high time NCPWD becomes a regulator than a service provider as earlier stated in this blog.