The moderator of TICAH constitution workshop in Malava Catherine Namayi Shiundu 3rd right addressing the Press on the objective of the workshop
By Wakhungu Andaje
Many persons with disabilities in the country barely know their constitutional rights as stipulated in the 2010 Constitution.
This lack of awareness has led to many of them being abused, neglected, and denied their rights as provided in the Bill of Rights.
The Secretary General of the Kakamega County Disability Caucus, Catherine Namayi Shiundu, who also serves as the coordinator and facilitator for Trust for Indigenous Culture and Health (TICAH), emphasized the importance of understanding these rights.
While educating youth with disabilities in Malava on their constitutional entitlements ahead of the upcoming by-election slated for November 27, 2025, she said it was vital for them not only to know but also to understand what the Constitution entails, especially for persons living with disabilities (PLWDs), so as to help them make sound and informed decisions.
She cited Article 1 of the 2010 Constitution, which states that “sovereign power belongs to the people,” assuring them that despite their conditions, they are entitled to fundamental rights like any other citizen. These include the right to health, education, and participation in elections, among others.
The training, sponsored by TICAH—a Nairobi-based non-governmental organization operating in several counties, including Kakamega—was the third in a series of empowerment sessions for PLWDs across the county.
Shiundu lauded the organization’s commitment to empowering the disabled community, noting that it exposes them to accurate and valuable information to help improve their lives.
“TICAH has been at the forefront of highlighting critical issues affecting our people. We began by educating them about reproductive health, human rights, and now the Constitution—especially here in Malava as the by-election approaches. The feedback has been positive, with many admitting they never knew their constitutional rights,” she said.
She noted that the 2010 Constitution contains clauses that, if fully implemented, would greatly benefit persons with disabilities. However, she expressed concern that the Constitution currently serves the interests of only a few individuals, leaving out the disabled.
“Our 2010 Constitution is yet to be fully implemented to our advantage. Once it has been fully applied and has outlived its usefulness, we can consider reviewing it. For now, it remains the best Constitution in both East and Central Africa, as it contains many good provisions meant to assist us,” she stated.
Shiundu praised the new Disability Act of 2025, which replaces the 2003 version, saying it aligns well with the 2010 Constitution and is tailored to empower PLWDs. She criticized the now-scrapped 2003 Act for its loopholes that made access to vital services difficult.
“We are happy to be part of the 2025 Disability Act, which is designed to benefit every registered PLWD. Through organizations like TICAH, we will push for the implementation of our 5% representation in both county and national governments,” she said.
She added that, unlike previous Acts that were passed and later ignored, the 2025 Act provides more clarity on disability issues and serves as a wake-up call for continued advocacy, civic education, and community action.
Shiundu stressed the importance of educating youth with disabilities on their rights under Article 54 of the Constitution’s Bill of Rights.
“TICAH felt it was necessary to come to the grassroots level to educate our youth about their rights under the Constitution and the Bill of Rights so they can stand up for themselves,” she said.
She also urged unregistered PLWDs to register and be included in the government database.
“The government has made the registration process free, including medical assessments, which can be conducted at level-four and above health facilities within the county. The medical report can also be signed locally at the county level, with forms available online or at cybercafés,” she explained.
She added that the registration certificates can now be processed within 24 hours of application, thanks to technological advancements that have digitized and simplified the process.
During the TICAH workshop, over 200 youths were educated on topics such as constitutional rights, scholarships for PLWDs, access to government benefits, and medical cover under the Social Health Authority (SHA).
Shiundu, however, criticized the Kakamega County Government for failing to implement its Disability Act of 2022, which allocated only 20% of the necessary budget for inclusion and public participation.
“We are yet to see the County Disability Bill serve us effectively. It has been three years since it was enacted, yet we have not even achieved the 5% PLWD requirement. We still rely on various ministries for financing, but the little money allocated to us is often redirected during supplementary budgets to fund other activities,” she concluded.
