I would like on behalf of the disability Caucus on the implementation of the Constitution to express our disappointment with Former President Moi’s comment on the appointment of Dr. Samuel Tororei to the Land Commission as reported in the Daily Nation of 13th August page 11. This remark coming at this stage of the new constitution reveals the resistance of the old guards to the changes that are sweeping our social sector. What will it call for to stop discrimination on the basis of disability despite it having been outrightly outlawed by the constitution? It leaves me wondering whether President Moi has read the constitution which among other things provide in section 27. (4) that “The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth”.
Section 54 further provides that:
1) A person with any disability is entitled––
(a) to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning.
The same section subsection (2) states: “The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities”.
In his remark that the Kalejin have been short changed by the appointment of Dr. Tororei, what Moi has implied is that Dr. Tororei is either not a Kalejin or is a Kalejin of inferior brand. Even if Moi took Dr. Tororei to be part of the Marginalized communities which is not the case as far as persons with disabilities are concerned, he should have referred to section 56 which says: “The State shall put in place affirmative action programmes designed to ensure that minorities and marginalized groups— (a) participate and are represented in governance and other spheres of life”.
In his remark that the Kalejin have been short changed by the appointment of Dr. Tororei, what Moi has implied is that Dr. Tororei is either not a Kalejin or is a Kalejin of inferior brand. Is this not a demeaning and discriminatory language? how would he himself feel if he was on any other basis dispossessed of his community?
He, Moi says that the appointment needed someone who could see the real issues on the ground. This reminds me many years ago when an old white Missionary woman in all her benevolence advised me that I should not do law in the University because as a judge, I would not be able to make judgement on cases since I cannot see those who I am making judgements on. Of course I believed her and studied Education but As I now think about it, is it not a great advantage not to see the faces of people as you judge them since these could be more deceitful than helpful?
Again Moi says that the appointment needed someone with knowledge of land issues in Rift Valley. Tororei is in the first place a land owner in Rift Valley. He was born there, why would he be presumed not to have knowledge of the land after all the history and current affairs relating to land everywhere which he has read. Does Moi take it that you only get knowledge only through being able to see. Can Tororei have risen to be a lecturer in Moi University without knowledge on the issues that surround him? Is it not the same Moi who told Tororei that “I give you power to read and to do all that which appertains to the degree…” Moreover, Is Tororei being appointed to the Land Commission just to deal with land in Rift Valley?
He further says that Tororei’s inability to see can be exploited by others. Does Moi take it that the commissioners are being appointed to be turned into surveyors to measure the land?
Dr. Samuel Kabue,
Chairman, Disability Caucus on the Implementation of the Constitution
No comments:
Post a Comment