The Senate engaged the Cabinet Secretary for Labour and Social Protection, Dr. Alfred Mutua, on his ministry’s efforts to implement the constitutional requirement that at least five per cent of public service positions be reserved for persons with disabilities (PWDs). Senators raised concerns over the removal of the Disability Mainstreaming Indicator from government performance contracting guidelines, a decision that has drawn significant public and legislative attention.

During Senate Question Time, Nominated Senator George Mbugua asked CS Mutua to clarify the status of reinstating the Disability Mainstreaming Indicator in the Performance Contracting Guidelines. He further inquired, “What specific actions has the Ministry taken against public institutions that failed to submit data on the employment of persons with disabilities? And what measures are in place to ensure the Public Service Commission enforces the 5% employment reservation mandated by Article 54(2) of the Constitution?”

In response, CS Mutua acknowledged the indicator’s removal but assured senators that the ministry was collaborating with the Public Service Performance Management and Monitoring Unit to advocate for its reinstatement. He outlined alternative strategies currently in place, including creating disability-friendly work environments, promoting reasonable accommodation, and integrating disaggregated disability data into the Unified Human Resource Information System (UHRIS). However, he admitted that fewer than 50% of public institutions had submitted relevant PWD employment data.

“We have issued formal reminders, conducted sensitisation programs, and engaged agencies directly,” Mutua explained, adding that efforts were underway to mandate disability inclusion reporting in all performance contracts. Nonetheless, he conceded that no punitive measures had been implemented due to existing legislative and policy gaps.

Seeking further clarity, Senator Mbugua raised a supplementary question: “You mentioned alternative monitoring tools. Can you specify what these tools are and their application? Additionally, how is your ministry monitoring inclusion data without a dedicated performance indicator?”

Mutua responded that some monitoring mechanisms involve appraisal systems for HR officers and sector leaders, but admitted, “there needs to be a robust data and reporting system.” He acknowledged implementation inconsistencies, promising to convene meetings within two to four weeks to develop stronger enforcement frameworks.

Senator Catharine Mumma, a parent of a child with a disability, expressed dissatisfaction with the ministry’s explanations. “I’ve reviewed these responses carefully and find them underwhelming. The CS tries to justify why the indicator was removed, but there’s no substance. Which tools does the ministry use to measure disability inclusion, and can they provide these tools?”

Her concerns resonated with fellow senators, including Senator Boni Khalwale, who questioned the ministry’s overall commitment to inclusivity. “Listening to your responses, it feels like we’re going in circles. This failure on the 5% issue reflects a broader failure to address unemployment among our youth,” Khalwale said. He then asked Mutua directly, “Are you willing to step aside to allow investigations into your ministry’s handling of disability employment and inclusion?”

Senator Enock Wambua of Kitui posed a critical policy question: “Is the government intentionally not implementing the 5% disability inclusion requirement, or are individual ministries failing in their mandate?”

CS Mutua provided international examples, citing Australia and the UK, where infrastructure such as ATMs, buildings, and elevators prioritise accessibility. “When you enter a building and are hard of hearing, there must be systems to guide you. We want to make this a national priority,” Mutua stated. He committed to issuing new directives with clear guidelines soon.

Despite these assurances, senators unanimously urged the Ministry of Labour and Social Protection to take immediate, concrete steps to operationalise disability inclusion policies, enforce compliance across public institutions, and report back to the Senate with measurable outcomes. The session underscored a pressing need for accountability and tangible actions to address systemic barriers faced by PWDs in Kenya’s workforce.