A.    Key result areas of the PWIDs Civic and Voters Education

• Developed content of the then proposed constitution that is adopted and augmented in formats accessible to Kenyans with Intellectual Disabilities 
• Information produced on Voters Education that is Augmented and Supported with Alternative Modes of Communications accessible to PWIDs 
• Civic and Voters Information, Education, and Communication (IEC) Materials that are tactile, embossed, and tailored for use by Voters with Intellectual Disabilities. The IEC materials included 10,000 Brochures, 25,000 Fliers and 7,000 Posters. 
• 63 skilled educators equipped to train 15,000 Kenyans with Intellectual Disabilities together with their human readers in eight provinces who each reached not less than 10 additional PWIDs in their localities; all reaching a total of over 150,000 voters with intellectual disabilities in the country. 
• A well coordinated and facilitated process of delivering accessible civic and voters education to over 150,000 voters with intellectual disabilities under the management of KSMH team of 27 trained educators; 16 provincial TOTs; 8 provincial project coordinators; 10 KSMH staff; and 3 mental disability consultants.
  vi.    Skilled assistants to over 150,000 voters with intellectual disabilities, equipped with the understanding of the legal duty of an assistant to a voter with intellectual disabilities, and the skills for the application of augmentative and alternative modes of communication used by PWIDs.
• 5 independent project monitors with the skills needed to closely monitor and evaluate project implementation processes, including production of reports and photography.

B.    Project goals for PWIDs Civic and Voters Education

• To adopt and augment the content of the then proposed constitution and voters information in formats accessible by Kenyans with intellectual disabilities. 
• To impart skills on individualized and alternative modes of communication to the project civic and voter’s educators and to the independent project monitors.
• To provide civic and voters information, education, and communication materials that is embossed and tactile in formats accessible to voters with intellectual disabilities among them: PWID’s fliers; trainer’s brochures, and PWID’s awareness posters.
• To deliver individualized and augmented civic and voters education to Kenyans with intellectual disabilities and their human readers.
• To increase intellectual disabilities rights awareness in PWIDs grassroots groups throughout Kenya on PWIDs rights to exercise their civil liberties and freedoms, including their right to access assisted voting as provided for in the disability act 2003.
• To promote credible elections in Kenya and ensure the referendum process was monitored on the accommodation of voters with intellectual disabilities for the 2nd time in Kenya’s history.
• To have electoral observers oversee the referendum and generate reports needed to inform any need for future improvement of the electoral process in line with supportive needs of voters with intellectual disabilities.

C.    Key project objectives for Undertaking PWIDs Civic Education

To provide individualized and augmented civic and voters education for Kenyans with intellectual disabilities at the PWIDs grass-root groups throughout 8 provinces in Kenya; and to empower the human readers of PWIDs on the legal obligations of an assistant in line with the Disability Act 2003.  

D.    Expected outcome of PWIDs Civic and Voters Education

• 63 trained educators deliver civic and voters’ education that is based on augmentative and alternative modes of communication with the active participation of 2 skilled independent monitors and 3 mental disability consultants.

• 18 days of countrywide individualized civic education by 24 educators under the Kenya Human Rights Commission; and one month of individualized civic education under URAIA that was adjusted to 8 days with a multiplication of the intended number of educators from 8 to 27 educators in order to meet the set target of voters with intellectual disabilities. The days of civic/voters education that included 18 days under KHRC and 8 days under URAIA incorporated the days of reporting to the office and that of observing the referendum process.

• Counting the 24 trained trainers under the KHRC, the 8 KSMH educators under Uraia who were increased to 27 and together with the 5 independent monitors, KSMH expected to have a total to 63 trained educators who were expected to deliver skills of civic and voters education in augmentative and alternative modes of communication to 15,000 PWIDs and their human readers. The 15,000 PWIDs and their human readers were in addition expected to each reach not less than 10 voters with intellectual disabilities with accessible civic and voters education needed to enable them to vote at the referendum.

• In total not less than 150,000 voters with intellectual disabilities and their human readers were expected to be directly reached with civic and voters education that was augmented and delivered in alternative modes of communication that is appropriate for people with mental disabilities.

• The project expected to have Information, Education, and Communication Materials that are embossed and tactile, which unfortunately, due to limited funds was much less than needed. The IEC materials were expected in a limited way to reach 10,000 PWIDs with trainer’s brochures; 25,000 PWIDs with information fliers, and 7,000 PWIDs with awareness posters.

• It was expected that over 63 polling stations would be manned by KSMH observers who were to monitor assisted voting by Kenyans with intellectual disabilities. Two of the KSMH senior officials were expected to observe assisted voting in 4 different polling stations and also observe the tallying centers that included the national tallying center at Bomas.

• Photographs were expected to be taken in the polling stations rooms but unfortunately this was only allowed to media houses and not observers. As a result, only a few photographs were taken outside the polling stations.  

E.    Geographical coverage

The project covered the rural and urban areas of all the 8 provinces with 80 public forums undertaken for the PWIDs and their human readers. Each of the PWIDs public forums brought together not less than 4 PWIDs grassroots groups. In total, over 320 PWIDs grassroots groups were reached spread all over the country in the slums, rural, and urban settlements of eight provinces. The list of geographical areas covered by the activities of the project is attached to this report. 

F.    Target group(s)

a)    The first target group under this project was the estimated 1.5 million voters with intellectual disabilities registered by the Interim Independent Electoral Commission (IIEC) in collaboration with the Kenya Society for the Mentally Handicapped (KSMH). This target group is composed of a majority of newly registered voters with intellectual disabilities who needed accessible civic and voters education that was individualized and augmented to enable PWIDs understand the electoral procedures and enable them to vote.  Out of the 1.5 million registered voters with intellectual disabilities, 99% were to vote for the first time in their life. In Kenya’s history, the referendum was the second time the category of voters with intellectual disabilities were allowed access to the electoral process. The persons with intellectual disabilities are those with limitations in intellectual functioning and adaptive behavior but guaranteed equal rights and fundamental freedoms just like the ordinary Kenyan citizens.  

b)    The second target group was the human readers of the over 1.5 million voters with intellectual disabilities who needed information on the legal obligations of an assistant, and the need to ensure they do not substitute the right to vote of the PWID, with their decisions. This particular target group required training on the correct use of augmentative and alternative modes of communication (AAC) to enable them to adhere to the legal duty of an assistant in line with Sec. 29 (ii) of the Disability Act 2003. The role of assistants to voters with intellectual disabilities in the electoral process was compared to that of assistants to voters with hearing disabilities, who must have skills of sign language interpretation in order to give credible assistance to voters with hearing disabilities in the electoral process.

c)     The third target group consisted of institutions of governance and democracy that required empowerment to entrench in their systems - legal, communication, and social supports needed by voters with intellectual disabilities to exercise their democratic rights and freedoms, and in particular the right to vote. In this target group, KSMH worked with the electoral commission, the registrar of persons, the media, the legal and judicial processes, and the human rights bodies who jointly secured the right to vote by persons with intellectual disabilities for the 2nd time in Kenya’s history. Under this target group, a lot of legislative and policy interventions are needed to realize inclusion of Kenyans with intellectual disabilities in the country’s governance and democracy processes.  

G.    Main project activities undertaken in the period in review

a)    Under the KHRC, KSMH undertook training of trainers’ workshop that educated PWIDs civic and voter’s educators on augmentative and alternative modes of communication, including individualized approach to delivery of civic and voters information to Kenyans with intellectual disabilities.   

b)    Under Uraia, KSMH conducted a technical workshop that adopted and augmented the then proposed constitution together with voter’s information into formats that are accessible to persons with intellectual disabilities in Kenya.

c)    Under both KHRC and Uraia, KSMH produced augmented civic and voters information, education, and communication (IEC) materials that were embossed and tactile in layouts accessible to PWIDs, among them 10,000 trainer’s brochures; 25,000 PWID’s fliers; and 7,000 PWID’s awareness posters.

d)    Under KHRC and Uraia, KSMH facilitated and coordinated the work of 27 trained civic educators; 16 provincial TOTs; 8 provincial project coordinators; and 10 KSMH educators/staff; and 2 mental disability consultants to conduct individualized and group civic education to over 320 PWIDs grassroots groups spread out in eight provinces throughout Kenya.

e)    With the support of KHRC and Uraia, KSMH supported the work of 63 educators to impart skills of AAC to 15,000 voters with intellectual disabilities and their human readers, who in addition reached not less than 10 voters with intellectual disabilities each, from their own localities.  Overall, not less than 150,000 voters with intellectual disabilities were reached and assisted to cast their ballots at the referendum. 

f)    Under the KHRC, KSMH conducted eighty provincial education, sensitization, and awareness forums where, in each of the provincial forums KSMH brought together not less than 4 PWIDs grassroots groups, reaching a total of over 320 PWIDs groups with civic and voters education under this project.

g)    Through the support of KHRC and Uraia, KSMH created awareness of intellectual disabilities rights in the 320 different PWIDs groups throughout Kenya, specifically on PWIDs right to access support in implementing their democratic rights and freedoms, and in particular the right to vote.

h)    Under KHRC and Uraia, KSMH carried out independent observation of the referendum in over 64 polling stations and undertook project activities, monitoring and evaluation activities, reporting, and photography throughout project implementation.       

H.     Key Project achievements

1)    The first major achievement was the adoption of provisions of the KSMH memorandum, which was presented to the Minister for Justice and the Committee of Experts on constitutional review, detailing the inclusion, in the then proposed constitution, of provisions that recognises all persons as equal before the law, despite of their type of disability, and including those previously discriminated upon through labels of ‘unsound mind’, ‘imbeciles’, and ‘idiots’.

2)    The second key achievement is the adoption of the provisions of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) that is now part of Kenya’s constitution. This is a big achievement for PWIDs, since under the provisions of article 12 of the UNCRPD, the fundamental human rights of PWIDs are recognised, such as, supported decision making and guaranteed support for the exercise of one’s legal capacities, including those in need of intensive support due to severe and profound intellectual disabilities.

3)    The third most important achievement for Kenyans with intellectual disabilities is the recognition of their various modes of communication, otherwise known as Augmentative and Alternative modes of Communication (AAC) that is now part of Kenya’s law and must be promoted and facilitated through legislation just like other universally used languages and modes of communication.

4)    The forth achievement was securing the right to vote by PWIDs for the 2nd time in Kenya’s history and the successful registration of over 1.5 million voters with intellectual disabilities, a significant increase from the 664 voters with intellectual disabilities who were registered in the year 2007, the 1st time PWIDs secured their right to vote in Kenya’s history. 
    
5)    The fifth achievement was the successful casting of votes by over 150,000 voters with intellectual disabilities from all over the country, despite of the many barriers in communication, physical accessibility, and legal gaps that existed in the electoral process at the time of the referendum. The over 150,000 voters with intellectual disabilities who successfully cast their ballot at the referendum, was a significant increase from 664 voters with intellectual disabilities who voted at the 2007 national general elections, the 1st time PWIDs voted in Kenya’s history.

6)    The sixth achievement was the capacity by KSMH to provide technical support to the electoral commission of Kenya on the skills of augmentative and alternative modes of communication needed to provide intensive civic and voters education to the already registered 1.5 million voters with intellectual disabilities in Kenya.

7)    The seventh key achievement was the ability to reach voters with intellectual disabilities in hard to reach areas such as the slums, rural, remote, and arid areas of the country that included North Eastern and Eastern provinces. 

8)    The eighth achievement was the successful transition of AAC skills to KSMH civic educators who further passed on the skills of AAC to 15,000 grassroots human readers who each reached not less than 10 additional voters with intellectual disabilities in their localities.

9)    The overall reach of over 150,000 voters with intellectual disabilities and their human readers was a huge success for KSMH and her partners.

10)    The ninth achievement was the empowerment and great motivation of community leaders, electoral officials, the local administration, the officials at the registrar of persons, Kenyan human rights defenders, and the media journalists to come out and support the protection of PWIDs right to vote and their right to access civic and voters’ education just like ordinary Kenyans.

11)    The tenth achievement is that Kenyans with intellectual disabilities realised their equal rights to participate in the country’s democracy and governance processes at an equal level with other citizens, and the guarantee in Kenya’s constitution of their legal, communication, and social supports that are needed for PWIDs to exercise their legal capacities.

I.    Project Challenges during the implementation of the project especially in the period in review.

a)    One of the serious challenges faced, was the inability by the Interim Independent Electoral Commission (IIEC) to directly provide civic and voters’ education that is augmented and delivered in alternative modes of communication to the already registered 1.5 million voters with intellectual disabilities.

b)    The second challenge was the failure by IIEC to finance partnerships with KSMH, which was the only civil society targeting this sector of voters with intellectual disabilities, and provide accessible voters and civic education.

c)    The third challenge was the late receipt of funding from partners and donors that resulted to only 18 days of civic and voters’ education for this category of over 1.5 million voters with intellectual disabilities.

d)    The forth major challenge was the complete failure by the Committee of Experts on Constitutional Review, and the Interim Independent Electoral Commission, to provide accessible information, education, and communication (IEC) materials on civic and voters education that is embossed and tactille for use by the 1.5 million voters with intellectual disabilities.

e)    The intervention by the Kenya Human Rights Commission and Uraia in the provision of accessible information, education, and communication materials for delivery of civic and voters education to people with intellectual disabilities was in a very small scale, reaching less than 3% of the already registered voters with intellectual disabilities. The remaining 97% of the 1.5 million registered voters with intellectual disabilities were not reached with any form of IEC materials on the civic and voters education.
 
f)    The other challenge was the inability to reach 90% of the human readers or assistants of voters with intellectual disabilities, who needed empowerment on their role in assisted voting, and their legal duty as provided for in the disability act 2003. This could have resulted in substitution of the choices made by PWIDs at the ballot, with the choices made by their assistants, which would then be a violation of the rights to make independent and informed choices by voters with intellectual disabilities in any electoral process.     
g)    On the voting date, voters with intellectual disabilities faced a lot of difficulties in accessing the electoral process, which prevented most of them from voting. The main challenges identified by KSMH observers were barriers in physical accessibility where users of mobility aids could not access the polling stations and the booths.

h)    The other major challenge was the refusal to provide support by majority of the relatives and assistants to voters with intellectual disabilities, who feared being stigmatized for appearing in public in the company of a person with physical manifestations of intellectual disabilities. 

i)    In most of the polling stations, the assistants to voters with intellectual disabilities were not marked with indelible ink on the second finger as required by law, and most of them ended up assisting more than one voter.  This is a serious electoral malpractice and should be avoided in the future.

j)    In many other situations, assistants did not have skills of augmentative and alternative modes of communication (AAC), and this resulted in the failure to fully involve the voter with intellectual disabilities in the act of voting.  In such cases, the assistants appeared to be exercising a second vote - This is illegal and should be avoided in the future.

k)    Other challenges identified included the lack of implementation of assisted voting in a credible procedure and practice by the IIEC where majority of the assistants to voters with intellectual disabilities were not made to sign and adhere to the oath of secrecy.

l)    In the many situations where IIEC failed to implement the oath of secrecy, assistants to voters with intellectual disabilities failed to respect the secrecy of the ballot by the voter, and openly talked about the support they had offered, including information on how they had voted – majority explaining how they had ticked the YES sign and canceled the NO sign - This was highly reported in areas where civic education was not conducted.

m)    Considering the rural setting of majority voters with intellectual disabilities; their limitations in intellectual functioning; and their lack of access to individualized education under the government education programmes; the time allocated to civic and voters education that is based on AAC need to be sufficient and not as short as was the case under this programme – This process is indeed important and essential in order to secure the votes of Kenyans with intellectual disabilities at the upcoming national elections.  

n)    Surprisingly it was not only voters with intellectual disabilities who did not know how to vote but most of the relatives and community members also did not know how to vote, yet they expected to go an extra mile of providing assistance to voters with intellectual disabilities – This situation revealed the great importance of conducting effective training on the assistants of voters with intellectual disabilities so that they are well prepared to undertake their roles of assisting a voter with intellectual disabilities as required by law – Unfortunately, this is an area that is highly neglected in terms of funding and is not targeted under the programmes of the electoral commission.

J.    Best practices, positive story or unique circumstance(s)

The Best practices in PWID’s civic and voters education in Nairobi province
In Nairobi province, civic and voters education was conducted by KSMH in homes, institutions, local groups, and public forums, in constituencies that included Kayole (NCC Kayole Public area), Embakasi village (Christ the King school), Mwiki (Good hope church), Njiru (Springvalley church), Buruburu, Githurai, Soweto, Bahati, Huruma, Eastleigh, Korogocho and, Mathare special school.

The topics covered  included provisions of the then proposed constitution; the act of assisted voting and the autonomy of the voter with intellectual disabilities; the role and responsibility of a Human Reader;  the importance of IEC materials that were produced in tactile and embossed formats meant to stimulate the understanding by the voter with intellectual disabilities; the art of sharing skills of augmentative and alternative modes of communication (AAC) with a group of trainees; the repetitive approach to individualized civic and voters education that is tailored for PWIDs; and the correct texture of IEC materials for PWIDs that is produced to last long; to sustain repetitive use, prolong interest and to keep the user’s attention fully focused to the intended message.   

The activities in Nairobi province were a success story since the entire planned activities were achieved and additional ones undertaken in the neighboring slums and estates. These activities highly motivated the community leaders and local administration to begin to work in support of the people with intellectual disabilities. The KSMH educators in the area also managed to bring together the community of people with other types of disabilities and they all felt empowered in supporting the unique support needs of voters with intellectual disabilities. The initiative in Nairobi province attracted media attention and was reported in several media houses.   

The confidence of Nairobi educators in undertaking training at the local groups in Nairobi slums and estates provided an opportunity for intermingling with the local communities, which established a bonding ground for members of the public who undertook to articulate issues of people with intellectual disabilities in other forums including using AAC in forums where PWIDs were present. The area unlike others, managed to rally the communities to support all adults with intellectual disabilities to acquire national identification cards and to register as voters in readiness for continued participation in the electoral processes.

In Nairobi, and on the dates towards the referendum, the Nairobi educators closely worked with the electoral commission and the media to remind them of the diverse support needs of voters with intellectual disabilities that needed to be facilitated at the referendum. The awareness initiatives were well received by the electoral commission, which unfortunately, on a last minute note, indicated that they would like KSMH to work with the electoral commission to implement the support systems needed by voters with intellectual disabilities in the electoral process. The networks of individuals, groups, institutions and organizations in Nairobi did their best to encourage voters with intellectual disabilities all over Kenya to try the best means possible to overcome the barriers in the electoral process and at least cast their votes.

So far, majority voters with mild intellectual disabilities managed to cast their ballots but without the electoral officers enforcing the code of assisted voting including not having the oath of secrecy enforced. A few voters with moderate intellectual disabilities had to suffer being lifted into the polling stations, since physical barriers barred them from using their mobility aids into the polling stations. While overall the Nairobi team generated positive energy that motivated over 150,000 voters with intellectual disabilities to cast their ballots throughout 8 provinces in Kenya, it is KSMH’s hope that all the voting barriers encountered at the referendum will be addressed immediately without further postponements by the electoral commission.

K.    Outline the Key horizontal linkages established/strengthened in the implementation period

Kenya Society for the Mentally Handicapped (KSMH) had already established linkages with the community based organisations of people with mental disabilities; institutions and schools of people with intellectual disabilities; the national council for persons with disabilities (NCPWD); organisations of people with other types of disabilities; the Interim Independent Electoral Commission (IIEC); the Committee of Experts on Constitutional Review; the Ministry of Justice, National Cohesion and Constitutional Affairs; the Ministry of Gender, Children and Social Development; the registrar of persons; and local administration offices of government at the localities of all eight provinces.     

To strengthen KSMH linkages that are well established over the last 4 decades, KSMH partnered with the electoral commission and the constitutional review team to address gaps in the law and institutional processes, which prevent Kenyans with intellectual disabilities from participating in the governance and democracy processes of their country. At the initial stage, KSMH presented to the constitutional review team a memorandum that addressed legislative issues that needed to be entrenched in the then proposed new constitution. The process was very successful with all recommendations in the KSMH memorandum being entrenched in the then proposed constitution that is now adopted and recently promulgated. During the constitutional review processes, KSMH worked with organisations of people with intellectual and other disabilities including the media. To further strengthen the linkages of KSMH with institutions of governance, KSMH partnered with the electoral commission in the registration of over 1.5 million voters with intellectual disabilities throughout the country. The process was of great success due to KSMH networking with grassroots groups and institutions of people with intellectual disabilities in all parts of the country.   

To prepare for the referendum, KSMH in partnership with Kenya Human Rights Commission and Uraia empowered and facilitated 63 educators that included 8 provincial coordinators, 5 independent monitors and 2 mental disabilities consultants to intensify the passage of AAC skills to, not less than, 320 grassroots PWIDs groups and their human readers throughout 8 provinces in Kenya.  The 63 educators were each empowered to conduct individualised, group, institutional and public based AAC skills training on civic and voters’ education, which is augmented and tailored for voters with intellectual disabilities. In addition to the individual initiatives by the 63 educators, the group of educators based in the different provinces jointly held 10 public forums of PWIDs and their human readers in each of the 8 provinces. The total number of public forums of PWIDs and their human readers totalled 80 provincial public forums, each with a target population of not less than 200 PWIDs and their human readers.

The activities of the programme jointly reached a total of 15,000 PWIDs and their human readers with each of them required to reach not less than 10 additional PWIDs and their human readers. The awareness creation and sensitisation of the public strengthened the linkage of people, groups, organisations and institutions of democracy, and human rights bodies to empower the population of PWIDs to assist in the voting process of not less than 150,000 voters with intellectual disabilities. The educators chosen by KSMH were selected on the basis of their knowledge of intellectual disability and their long-term experience of working within their communities and assisting KSMH to sensitise the community and advocate for the rights of people with intellectual disabilities. The educators, once selected, were trained by consultants in mental disabilities and provided with information on Civic and Voters Education.  During the training workshop, the educators were further empowered on skills of strengthening the linkages of individuals, groups, institutions, and public forums were to be organised to achieve the common goal of securing the votes of as many Kenyans with intellectual disabilities as the team could within the short period of 18 days to the referendum.

In the field, the educators directly engaged the local area authorities in each of the locations for the public forums as required under the law. The local government authority cooperated fully with KSMH educators and helped in the peaceful conducting of all 80 provincial public forums. The public forums were particularly organised to pass onto the human readers of PWIDs skills of AAC and information on civic and voters education so that in-turn each trained human reader would train not less than 10 PWIDs and their human readers from their neighbouring families, community groups, institutions and open public places such as markets and places of worship, thus creating a ripple effect for the AAC based civic and voters education. Overall, the great success of the program under KSMH was as a result of a very successful networking of PWIDs grassroots groups, local institutions, human rights bodies, organisations of people with other types of disabilities, government agents, institutions of governance/democracy and the media. The linkages between all players under this project were very helpful and contributed significantly to the overall achievements and results of the programme.  

M. Key recommendations

1.    Important recommendations towards electoral reforms in the national process:

a)    There is need for the formulation of laws and policies governing the full participation of voters with intellectual disabilities in the Kenyan electoral process, taking into consideration the PWID’s unique modes of communication; their right to supported decision making at the ballot; and the protection from abuse of assisted voting exercised by people with different levels of functioning and types of characteristics. 

b)    The electoral commission requires standardized technical procedures and practices for the development and production of electoral publications that are in AAC formats, Braille, and signage, accessible to Kenyan voters with intellectual, visual, and hearing disabilities.

c)    The electoral commission is required to formulate procedures for promotion of equal treatment of all voters despite of their disabilities in the delivery of accessible civic and voters’ education, which is tailored to the needs of voters with different types of disabilities including those requiring individualized, augmented and alternative modes of communication. If this is not addressed, the electoral commission may risk being taken to court by a significant sector of voters who may find themselves discriminated upon by the electoral commission in the delivery of one or more of its functions under its mandate.  

d)    The electoral commission must immediately formulate laws governing the human rights based assisted voting and must target assistants with voters education on the responsibilities and the legal duty of an assistant as provided for by the laws of Kenya including the disability act 2003.

e)    The electoral commission must formulate procedures for the provision of technical services required in different modes of communication, mobility, social supports, and legal interventions guaranteed under the constitution and the laws of Kenya to voters with different types of disabilities. Lack of procedures to address these rights of voters with different types of disabilities is a violation of the laws of Kenya, including the constitution.