Labour and Social Protection Cabinet Secretary Dr. Alfred Mutua came under fire in the Senate on Tuesday over his ministry’s failure to enforce constitutional provisions requiring that at least five per cent of public service positions be reserved for persons with disabilities.
Appearing before the Senate during the Morning Question Time session, Dr. Mutua was pressed to explain the removal of the Disability Mainstreaming Indicator from government performance contracting guidelines—a move that has drawn sharp criticism from both legislators and the public.
Nominated Senator George Mbugua led the charge, seeking clarity on what specific measures the Ministry had taken to ensure compliance with Article 54(2) of the Constitution, which mandates the 5% employment threshold for persons with disabilities.
“What is the status of reinstating the Disability Mainstreaming Indicator in the Performance Contracting Guidelines?” Mbugua asked. “And what actions has the Ministry taken against public institutions that failed to submit data on the employment of persons with disabilities?”In his response, CS Mutua confirmed that the indicator had been scrapped but said his ministry had since engaged the Public Service Performance Management and Monitoring Unit to push for its reinstatement.
He added that alternative measures had been adopted, including promoting disability-friendly workplaces, encouraging reasonable accommodation, and integrating disaggregated disability data into the Unified Human Resource Information System (UHRIS).
However, Mutua admitted that compliance was low, with fewer than half of public institutions submitting relevant data.
“We have written formal reminders, conducted sensitisation programs, and even engaged agencies directly,” he said. He also noted that plans were underway to make disability inclusion reporting mandatory in future performance contracts.Despite these explanations, Senators expressed dissatisfaction with the CS’s responses, calling them vague and lacking in actionable substance.
Senator Mbugua, raising a supplementary question, challenged Mutua to name the alternative monitoring tools being used and where they had been applied.
Mutua cited performance appraisals of HR officers and sector leaders as examples but conceded that implementation remained weak.
“There are a lot of things in theory, in books, that are not implemented,” he admitted, pledging to convene stakeholder meetings within four weeks to develop robust enforcement mechanisms.Senator Catharine Mumma, who declared her interest as a parent of a child with a disability, criticised the CS sharply.
“The response is underwhelming. The CS is scattering around, trying to justify the removal of the indicator with no substance. I want to know which tools the Ministry is using to measure disability inclusion—and they must be submitted to us.”Her remarks drew applause and support from colleagues, including Senator Boni Khalwale, who accused the Ministry of giving the country a “merry-go-round” and demanded to know whether CS Mutua would step aside to allow investigations into the ministry’s handling of disability employment.
Kitui Senator Enock Wambua posed a more fundamental question: “Is it the policy of this government not to implement the 5% disability inclusion requirement, or are individual ministries simply failing in their mandate?”
In a defensive tone, Mutua said enforcement mechanisms were still being developed and emphasized the need for legal frameworks to support compliance.
“You can’t just let the public and private sectors do it out of goodwill,” he said. “We are developing guidelines that will be issued soon.”He cited international best practices from countries such as Australia and the UK, pointing to inclusive infrastructure like accessible ATMs and elevators as examples Kenya should emulate.
The session ended with Senators unanimously calling on the Ministry of Labour and Social Protection to take immediate steps to enforce the 5% disability inclusion policy, ensure public institutions comply, and provide the House with clear data and timelines for implementation.
