Kenya Society for the Mentally Handicapped

An Announcement to ADULTS with Intellectual Disabilities to GO – Register as Voters NOW! IT IS YOUR RIGHT!

Distinguished members of the press, voters with intellectual disabilities, their Human Readers, Ladies & Gentlemen;

The Kenya Society for the Mentally Handicapped (KSMH) has organized today’s press conference to announce to adults with intellectual disabilities that the voter registration process has KICKED OFF. This is a population of over 3.6 million who like other Kenyans, have a RIGHT to be registered and to VOTE. We are reminding persons with intellectual disabilities of their right to use all modes of communications available to them, which include tactile, argumentative and alternative modes of communications; to ask for support they need to access the JUST STARTED voter registration process. We are asking the Interim Independent Electoral Commission (IIEC) to make the whole voter registration process accessible to all adults with intellectual disabilities including those with severe and profound disabilities. It is our hope that the system will adhere fully to accessibility, civil & political rights guaranteed to persons with all types of disabilities under the Disability Act 2003 & the UN Convention on the Rights of Persons with Disabilities (UNCRPD) that Kenya has ratified.

The Persons with Disabilities Act of 2003 Sec 29 (1) states that ‘All persons with disabilities shall be entitled, at their request, to be assisted by persons of their choice in voting in presidential, parliamentary and civic elections’. Like all other disabilities, persons with intellectual disabilities have a right to VOTE and to access any amount of support, needed to fully access the electoral processes. The degree of support differs with the extent of disability. Those with mild intellectual disabilities will require much less support, compared to those with severe intellectual disabilities. The IIEC must respect human diversities, provide reasonable accommodation, and ensure equal access to the voter registration process by all Kenyans. The assistants of persons with intellectual disabilities must also respect the right of the voters with intellectual disabilities as provided for under the law. The Disability Act 2003, Article 29 (2) states that “A person who undertakes to render assistance under subsection (1) shall do so strictly in accordance with the instructions of the voter.

The Disability Act and the UNCRPD provides for non-discrimination of all persons with disabilities, including those with intellectual disabilities. In line with these provisions, it is an offence for parents and families of persons with intellectual disabilities, to act in a manner that deprives adults with intellectual disabilities access to their democratic rights/freedoms, which include their right to register as voters, and to participate fully in the electoral process. Parents MUST note that the right to support guaranteed to persons with intellectual disabilities is a shared responsibility with the community and the State. You are therefore asked to report to KSMH; the Disabled Voters of Kenya Alliance (DVA), and the Government, any kind of supports you as a parent/family is unable to provide to an adult with intellectual disabilities, in line with their registration as voters. (The HOT LINES to call are KSMH 0729-476101, 0736-476101  & DVA 020 2216282)  It is the obligation of the IIEC, the Ministry for Justice and Constitutional Affairs, and the Ministry for Gender, Children and Social Development, to ensure the full access to the voter registration process by adults with intellectual disabilities.        

KSMH has been at the forefront of the movement for rights of persons with intellectual disabilities in Kenya. We have in the past witnessed open discrimination of voters with intellectual disabilities based on a variety of reasons. We must therefore emphasize, that a person cannot be denied her/his rights to vote, based on unique presentations and physical manifestations of intellectual disabilities. Support providers must respect the exclusive types of communications used by persons with intellectual disabilities, which are recognized under the law and in Article 2 of the UNCRPD. These types of communications must be facilitated by IIEC to ensure full access to the voter registration process by all voters with intellectual disabilities.

The IIEC must also recognize the reasonable time required to process communications by voters with intellectual disabilities. These needs together with their unique mobility requirements are better facilitated in organized voter registration camps. The camps will enhance the process of registering voters and promote identification of their support requirements. This will enable IIEC ensure PWIDs voting needs are followed through to the time of elections. The IIEC may also consider categorizing voters in need of different support services. This will enable them develop an electoral system that guarantees accessibility to all voters with intellectual disabilities. The IIEC MUST also entrench in the electoral system crucial safe guards needed to protect abuse & exploitations of voters with intellectual disabilities.

In the year 2007 General Elections, voters with intellectual disabilities VOTED for the first time in the history of Kenya. They claimed their right to be heard.  It is therefore a must that during the coming elections, voters with intellectual disabilities are well facilitated to vote, and exercise their democratic rights.  It is their right and they must be supported to exercise that right. The Kenya Society for the Mentally Handicapped (KSMH) urges all adults with intellectual disabilities to GO - Register as VOTERS NOW! The Society has been monitoring intellectual disabilities rights in Kenya, and is continuing to ensure proper documentation of all forms of discriminations & violations of human rights. 

It is worth noting that Kenya is perhaps the only country in South Saharan region (or the whole of Africa!) that has progressed to ensure access to civil & political rights by persons with intellectual disabilities.  This was one huge step forward that should NOT be lost.  We urge the IIEC and the government not to go back on the gains made and give full support to voters with intellectual disabilities; and to include them in the civic education programmes as persons in need of tactile, argumentative and alternative modes of communication. In year 2007, the former ECK ensured the full participation of PWIDs in the voter education programme. This prepared them to exercise their voting rights. Although the individualized voter education & voting was limited to 12 constituencies namely Nithi, Naivasha, Kasarani, Starehe, Kikuyu, Tharaka, Kajiando North, Kajiando South, Juja, Gatanga, Kandara and Kibwezi, the exercise remains one of the biggest milestones in the lives of persons with intellectual disabilities in Kenya.

For the adults with intellectual disabilities, who are yet to acquire their ID cards, we urge the Registrar of Persons to quickly process their ID cards, and enable them register as voters. Since the circumstances of people with intellectual disabilities are faced with multiple forms of discriminations including non-registration of births; we request the local administration offices to cooperate with support providers in the issuance of ID cards to adults with intellectual disabilities. 

KSMH is fully convinced that Kenya is on the right track towards full recognition of the legal capacity of people with intellectual disabilities and their right to supported decision making as enshrined in the United Nations Convention on Rights of Persons with Disabilities (UN CRPD). This is the latest international treaty that Kenya has signed and ratified.  By PWIDs fully access the voter registration process, the government will be adhering to its international obligation under the UNCRPD; and will show the world its commitment to ensure full access to the electoral system by all, including voters with Intellectual disabilities.  They too must have a say in the democracy and governance processes of their country. Let them elect their leaders.  Let them decide the president they want, their member of parliament and their civic leaders.  

We urge our national net-work of support providers to argument and use alternative modes of communications needed to tell all adults with intellectual disabilities that this is the time to make themselves heard.  Let no one take this right away from you.  Make sure that you fully participate starting from the registration of voters to casting your vote at the Ballot. Like all other Kenyans, You have equal rights. Do not lose that right.  Get your ID card and then register as a VOTER NOW.  There are millions of you out there. All of you ADULTS must register and show the unity of purpose.  You have rights and you must claim them NOW!

Thank You!


Edah Maina
Chief Executive Officer - Kenya Society for the Mentally Handicapped
Rapporteur & Foundation Vice President to the Committee of Experts of the UN Convention on the Rights of Persons with Disabilities – Tel No. 020 4450853 – 4 or 0722793868