Supported Decision-Making: Assessing Kenya’s Legal Framework against the Benchmark of Article 12 of The Convention on the Rights of Persons with Disabilities
Nkonge, Paula Mukami
The Convention on the Rights of Persons with Disabilities (The CRPD) is the authority on International Disability Law. Taking it as the benchmark, this paper seeks to assess the Kenyan Legal Framework on disability as against Article 12 of The CRPD. The research is undertaken using doctrinal methodology, which entails using the law and legal commentary from primary and secondary sources such as; statutes, case law, books, journals, newspapers and reports. The paper reaches the finding that Kenyan laws are yet to implement Article 12 of The CRPD. There are several outdated provisions found in the Children’s Act, The Mental Health Act and The Marriage Act which deny the legal capacity of Persons with Disabilities(PWDs) contrary to The CRPD. The overall aim of this paper is to reconcile the legal obligations under The CRPD with the law and practice in Kenya. In light of the converse findings, this paper makes a case for the incorporation of Supported Decision-Making into the Kenyan Legal Framework to remedy the situation and bring Kenyan laws in line with The CRPD.
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law School