LLB Research Projects (2024)

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Browsing LLB Research Projects (2024) by Author "Kaburu, V. W."

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    Double invisibility: an assessment of the right to vote for persons with intellectual disability in Kenya
    (Strathmore University, 2024) Kaburu, V. W.
    Voting is arguably one of the most important rights and responsibilities held by a citizen in a country. The restriction of this fundamental right not only affects an individual’s legal capacity but also undermines their human dignity. Historically, PWIDs have been denied legal capacity on the basis that they are not rationally capable of making decisions. This is due to the nature of their disability, which encompasses significant limitations in intellectual functioning and adaptive behavior. PWIDs support needs make them unique from the general population, and this distinctiveness does not equate to an incapacity in making decisions. The concept of being able to make independent political judgments is perceived as the basis of a democratic society. In this case, a democratic society has a reasonable utilitarian interest in an intelligent electorate. Therefore, if one is unable to act independently, any power they exercise is regarded as democratically illegitimate. Although reasonable, such a perspective neglects the support needs of PWIDs, who, despite their disabilities, deserve an equal right to vote. This paper examines the constitutional provisions on the right to vote in Kenya, where prevalent prejudicial attitudes have facilitated the exclusion of PWIDs right to vote. The imposition of blanket restrictions, such as the term ‘unsound mind,’ without clear assessment criteria for voting purposes, inadvertently restricts PWIDs from their right to vote. This uncertainty in law has led to prejudicial interpretations, perpetuating the misconception that PWIDs are incapable of making informed voting decisions. As this study aims to demonstrate, PWIDs are not of unsound mind, but in absence of good communication and require support to exercise their right to vote. The provision of reasonable accommodation, as proposed in this paper, could help PWIDs actualize their right to vote in Kenya.