Policy and Regulatory Framework For Pwds in Kenya

E-ACCESSIBILITY
FOR PERSONS WITH

DISABILITY :
THE ICT POLICY AND
REGULATORY FRAMEWORK
IN KENYA
Mercy Wanjau
Principal Legal Officer
Communications Commission of Kenya
PRESENTATION OUTLINE
 Introduction to Accessibility and the ICTs
 The Role of the Policy and Regulatory Framework
 The Role of the Regulator
 Concluding remarks
INTRODUCTION TO ACCESSIBILITY
AND PWDS - CONSTITUTIONAL
Constitutional and legal bases for
accessibility by PWDs include:
 Article 7 (3) (b) providing that: The State shall

- …promote the development and use of …
other communication formats and technologies
accessible to persons with disabilities.
 Implementation of rights and fundamental

freedoms under Article 21 (3) in the Bill of
Rights. All State organs and all public officers
have the duty to address the needs of
vulnerable groups within society, including …
persons with disabilities….
CONSTITUTIONAL
 Article 27 (4) on equality and freedom from
discrimination which provides that: The State
shall not discriminate directly or indirectly
against any person on any ground, including
…disability….
 Article 54 (1) stating that: A person with any

disability is entitled–– (c) to reasonable access
to all places, public transport and information;
(d) to use Sign language, Braille or other
appropriate means of communication; and (e)
to access materials and devices to overcome
constraints arising from the person’s disability.
CONSTITUTIONAL
• Article 260 defining disability thus:
“disability” includes any physical, sensory,
mental, psychological or other impairment,
condition or illness that has, or is perceived
by significant sectors of the community to
have, a substantial or long term effect on an
individual’s ability to carry out ordinary day-
to-day activities;
APPLICABILITY OF
INTERNATIONAL LAW
• Articles 2 (5) and 2 (6) inviting the
application of international legal standards i.e
the Convention on the Rights of Persons with
Disabilities (CRPD) operates to further
constitutionalize accessibility by PWDs.
• Preamble (v) of CRPD recognizes the

importance of accessibility to the physical,
social, economic and cultural environment, to
health and education and to information
and communication, in enabling persons
with disabilities to fully enjoy all human rights
and fundamental freedoms”.
CONT.
 Article 18 para 4 of the African Charter on
Human and Peoples’ Rights provides that:
“The aged and the disabled shall also have
the right to special measures of protection in
keeping with their physical or moral needs.”
PERSONS WITH DISABILITY ACT
 The Persons with Disabilities Act, No. 14 of
2003 generally domesticates the provisions
of the CRPD in Kenya.
 Section 21 provides that “Persons with

disabilities are entitled to a barrier- free and
disability-friendly environment to enable
them to have access to buildings, roads and
other social amenities, and assistive devices
and other equipment to promote their
mobility.”
CONT.
 S. 18 of the Act envisages categorization of
disabilities into
 physical disabilities (generally incapability of the
limbs),
 sensory disabilities (such as visual, hearing or any
other sensory),
 mental disabilities such as mental retardation
 Section 11 of the Act provides that “The
Government shall take steps to achiev(e) the full
realization of the rights of persons with
disabilities....”
 Section 24 (1) (b) provides for adjustment

orders on “…any services or amenities
ordinarily provided to members of the public.”
DEFINING ACCESSIBILITY OF ICTS
BY PWDS
• The Global Initiative for Inclusive ICTs (G3ict)
defines accessibility as “a measure of the extent to
which a product or service can be used by a person
with a disability as effectively as it can be used by a
person without that disability.”
• This means accessibility of ICTs as derived from the
Constitution and as ought to be applied within the
ICT framework, comprises largely of PWDs
- Perception of relevant ICTs;
- Understanding relevant ICTs; and
- Experience in the operation of ICTs.
HOW SHOULD ACCESS TO ICTS
FOR PWDS BE IMPLEMENTED?
 The antidiscrimination or equality provisions
approach
 The universal access and service approach
 The two approaches are generally coexistent

in Kenya.
 Should the implementation adopt a phased

approach or a “one off” comprehensive
implementation?
HOW DO OTHER JURISDICTIONS
ADDRESS E-ACCESSIBILITY FOR
PWDS?
Examined : UK, Singapore and Mauritius
among others, and enhancing e-accessibility
by PWDs is:
 Often implemented as part of Universal
Service Obligations (USO)

 Sometimes other approaches, such as
equality /anti-discrimination legislation
 Therefore, Kenya’s approach is consistent

with these jurisdictional practices.
THE ROLE OF THE ICT POLICY
AND REGULATORY
FRAMEWORK
General Purpose
• ICT Policy - Government aspirations
• Regulatory Framework - legal and

institutional mechanisms for implementing
public policy.
 Kenya Information and Communications Act (Cap.
411A),
 Kenya Information and Communications Regulations
 Persons With Disabilities Act
THE SPECIFIC APPLICATIONS OF
THE ICT POLICY
Public Policy Statement
 To improve the livelihoods of Kenyans by
ensuring the availability of accessible,

efficient, reliable and affordable ICT
services.
 Universal Access and Service
Policy objectives
Geared to ensuring that all citizens have
access to ICT services;
POLICY STATEMENT ON SECTOR
SPECIFIC STRATEGIES
Broadcasting Services
 Availability of free-to air public service TV and
universal availability radio channels to all parts

of the country;
Telecommunication Services
 Basic telecommunications services are made
available at affordable prices;

 free emergency calls, access to operator
assistance and affordable directory enquiry
services;
Postal Services
 Provision of universal postal services
nationwide.
THE SPECIFIC ROLE OF THE
REGULATORY FRAMEWORK
Kenya Information and Communications Act:
 Part VIB, ss. 84J – 84P establishing the
Universal Service Fund administered under
Regulation 3 of the Universal Access and
Service Regulations, 2010
How far can we tap into the Fund for PWDs? Is
USF the ultimate solution?
 “universal access” means access of one

hundred percent by a designated population
that can obtain, at the minimum, public
access to quality and affordable
communication systems and services;
THE SPECIFIC ROLE OF THE
REGULATORY FRAMEWORK…CONT
Kenya Information & Communications (Consumer
Protection) Regulations, 2010
 Regulation 2 defines disability in terms similar
to the Constitution.
 Regulation 8 (1) A licensee shall ensure that
persons with disabilities can easily access its
complaint handling processes.
(2) A licensee shall provide reasonable
assistance to a customer who specifically
requests for assistance when lodging
complaints.
8 (1) and (2) are fundamental to enhancing
the main elements of accessibility.
THE FRAMEWORK
(3) A licensee shall take such measures as may
be prescribed by the Commission to ensure
that the requirements and interests of
disabled customers are fully addressed.
(4) A licensee shall fulfill any specific

obligations that relate to special services or
special arrangements for customers with
disabilities that the Commission may from
time to time impose.
WHAT THIS MEANS …
 Screen readers for the blind to enable them
to access websites and documents
 Closed captioning for broadcasting for the
deaf
 Video description for broadcasting for the
blind
 Text to speech devices for those with speech
impairments to allow for two way
communication for inclusive education and
work
 8 (3) and (4) give the Commission the

authority to impose obligations in relation to
PWDs under relevant licenses. Does the
solution lie here?
THE ROLE OF THE REGULATOR IN
PROMOTING E-ACCESSIBILITY FOR
PWDS
 Facilitate the establishment of industry codes
to accommodate PWDs’ access to ICTs
through assistive technologies
 Raise consumer and service provider

awareness through education and training on
accessible ICTs
 Administering part of the universal service

funds for projects on e-accessibility by PWDs
 Undertaking type approval if necessary to

ensure accessible ICTs
CONT.
 Ensure access in times of emergencies for
PWDs’ assistance
 For its decisions affecting access by PWDs,

the regulator (CCK) institutionalizes its terms
of engagement with PWDs in line with the
Article 54 (2) of the Constitution.
 Commence a formal adjustment for

compliance by licensees as a platform for
monitoring, evaluation and enforcement
 Encourage partnerships in the value chain

CONCLUDING REMARKS
 It takes more than the regulator to make it
happen – state and non-state actors
 Government – policy gaps, tax incentives,
registers for PWDs
 Service providers – integrate the delivery of
services
 Civil society - advocacy
 What is the ideal framework that will
promote sustained efforts towards the goals?
 What is the cost for compliance?
*****
‘Sometimes the questions are many

And complicated
But
The answers are simple’
~~ Dr. Seuss
*****
Thank you

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E-ACCESSIBILITY

FOR PERSONS WITH

 The Role of the Policy and Regulatory Framework

 The Role of the Regulator

 Article 7 (3) (b) providing that: The State shall

 Implementation of rights and fundamental

 Article 54 (1) stating that: A person with any

• Preamble (v) of CRPD recognizes the

 Section 21 provides that “Persons with

 Section 24 (1) (b) provides for adjustment

 The universal access and service approach

 The two approaches are generally coexistent

 Should the implementation adopt a phased

Service Obligations (USO)

 Therefore, Kenya’s approach is consistent

• ICT Policy - Government aspirations

• Regulatory Framework - legal and

ensuring the availability of accessible,

universal availability radio channels to all parts

available at affordable prices;

 “universal access” means access of one

(4) A licensee shall fulfill any specific

 8 (3) and (4) give the Commission the

 Raise consumer and service provider

 Administering part of the universal service

 Undertaking type approval if necessary to

 For its decisions affecting access by PWDs,

 Commence a formal adjustment for

 Encourage partnerships in the value chain

‘Sometimes the questions are many

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