Defining Realization of Persons With Disabilities‟ Accessibility and Mobility Rights in Nairobi City County: a Case for Policy, Legislative and Institutional Reforms

Abstract

A number of hurdles oscillating from environmental, communication, social to economic, preclude Persons with Disabilities (hereinafter PWDs) from attaining an acceptable inclusive life. As you read the research, its focus shall be accessible transport and disability in Nairobi City County‟s Central Business District for reason that there is urgent need for review of policy, legitimate and institutional framework for streamlining provision of transport systems and services to meet the needs of population growth with divergent mobility needs in modern cities.1 The policy, legal and institutional outline envisaged in the research emanates from and runs in „CoK 2010‟ at Article 54 (1) (c), (d), (e), the „PWDs Act 2003‟ at sections 21 and 23 and the „CRPD 2006‟ at Article 9 (hereinafter referred to as the “framework structure”).The framework structure in relation to this study refers to and encompasses the regime of law that regulates PWDs accessibility and mobility rights. Rarely do we think about accessible transport and how it can enhance PWDs functionalities and rights in a well-thought-out and operational way. Reality on the ground is that provision of transport in Nairobi City County is characterized by lack of inclusive planning and modest implementation measures.2Incidentally, this has resulted into violations of fundamental civil liberties of PWDs with regards to reachable public transport and there is urgent need for improved public transport with a focus on PWDs.3 Besides, we must ask ourselves, who are we streamlining public transport for and why? In what way will it take to exploit and implement the existing policy, legal and institutional framework on transport and disabilities? Further, is there need for accessible transport? These questions are relevant because transport demand rate and increase of PWDs population put pressure on existing transport infrastructure at all levels of operations and remain far from access to PWDs.4Thus, the problem the project paper sought to address was among others to translate implementation and effectiveness of existing framework on public transport to deliver accessible transport services to PWDs. In so doing, the project paper used mixed research methods comprising of qualitative and quantitative strategies to examine PWDs accessibility and mobility rights in Nairobi City County. In addition, self-administered questionnaires were given to purposely and randomly select 100 PWDs and stratified into persons with physical, visual and Deaf disabilities of at least thirty three per layer. The data gathered from all the stakeholders and existing literature established that there are weak framework in place that govern public transport infrastructure in attempt to discourse inclusive transport requirements for PWDs. Principally, an argument is made that quality and effective policies, laws and institutional framework will not only help to identify accessibility opportunities and challenges, but it will guide investors on provision of accessible public transport systems and services. Basically, the project paper found out that there is a relentless effort in developing a framework that give PWDs equal opportunity to access public transport facilities, 1 Tanja Hichert et al, „Nairobi City Scenarios‟ (2011), 4. 2 Angira, Okoth Charles Ameso. „Challenges and Opportunities for Sustainable Urban Mobility (Non-Motorized Transport): A Case Study of Nyamakima Area, Nairobi County, Kenya‟. Diss. University of Nairobi, 2013. 3 See (n 1), 8. 4 Ibid, 9.

systems, and services.5 However, does reality measure up to theory? And if not how can Nairobi borrow best accessibility and mobility practices from elsewhere. This is on the understanding that best practices on accessibility and mobility done in United States of America, United Kingdom and Australia have demonstrated and showed that the benefits of accessible public transport result into creation of opportunities, increase production and mobility frequency. It is envisaged that such mainstreaming initiatives will promote, protect and enforce PWDs accessibility rights as well as foster efficient public transport infrastructure investments in the City.6 5 See