This research is a critical analysis of the legal framework on the rights of persons
with disabilities in Kenya. It looks at the legal framework which includes
the United Nations Convention on the Rights of Persons with Disabilities
(UNCRPD), the Constitution of Kenya, 2010 and the Persons with Disabilities
Act, 2003 (PDA) with a view to establishing their shortcomings and why despite
their provisions, the rights of persons with disabilities (PWDs) in Kenya
continue to be violated. It therefore looks at and discusses the efficacy of the
legal framework; the potential of the work done thus far; the potential of the
relatively new concept known as “diffability” which recognises that PWDs
have different abilities and should therefore be empowered to claim their rights
based on these abilities.
The research delves into the right of PWDs to participate in positions
of leadership in a bid to bring out the fact that those in power continue to violate
the rights of PWDs. The research uses a human rights based approach; the
social and medical models of disability; and socio-legal approaches to argue
that the legal framework in Kenya has serious shortcomings. It goes ahead to
make recommendations on possible ways of improving the legal framework.