Kenya
In March 2010, MDAC carried out a needs assessment and identified some partner organisations in Kenya. Since then we have been carrying out research on the right to legal capacity, which will be followed up by litigation and advocacy. Kenya has ratified the major regional and international human rights instruments including the CRPD, and there are human rights issues on which MDAC can make an impact.
Current situation
In August 2010, Kenya adopted a Constitution that has been seen as progressive, and which specifically protects the rights of persons with disabilities. In February 2011, a CNN investigation revealed the extent of Kenya's broken mental health system. Although it did not show any community-based services it played a role in creating some scandal. Kenya spends less than one percent of its health budget on mental health. Various forms of ill-treatments have been reported in psychiatric facilities and in community settings. Advocacy by some non-governmental organisations prior to the August 2010 constitutional referendum resulted in the government registering and assisting some adults with intellectual disabilities in exercising their right to vote. However the right to political participation is not fully respected since adults at the Mathari psychiatric hospital were not allow to vote, and the law is still discriminatory and prohibits persons with disabilities from holding certain positions.
MDAC activities
Research and monitoring: MDAC is conducting research on the right to legal capacity in Kenya. This is carried out in collaboration with different stakeholders in Kenya and the research is aim at providing an evidence-base on how laws, policies and practices impact the lives of people with intellectual disabilities and people with psycho-social disabilities in making legally independent decisions, and in being supported in making decisions where they need such support. The research will result in a report with recommendations to the government.
Advocacy:Following the legal capacity report, MDAC will with Kenyan NGOs develop and implement an advocacy strategy in order to bring laws, policies and practices that restrict or deprive legal capacity for persons with disabilities in line with its international human rights obligations.
