Kenya
is a sovereign republic with the constitution being her supreme law, it
therefore follows that any law that is inconsistent with the constitution is
rendered void to the level of its inconsistency. The county and national
government have a set of requirements for the public office holders. These laid
down requirements ensures the office holders are stable, competent and most
especially reliable. A good call.
One
requirement stands out, we give it little attention since most of the affected
are not in a capacity to air their opinion. They are highly dependent on their families;
some are in despicable conditions, left for dead. They are presumably a source
of shame, indicator of demon possession or both. Others are tied up, like an
untamed dog while others have no clue that they are party to this because their
symptoms are not obvious, neither do the medical practitioners put a name to
their condition. These are people with unsound mind. The constitution is
categorical of mental incapacitation as a reason that bars an individual from
holding public office.
Unsound
mind, according to the Merriam Webster dictionary is mentally ill; not sane. Article
27(4) of the constitution states 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.
So much has been done to include most members of the society but
there is little going on to have people with different forms of mental
incapacitation fully integrated in the society.
Article
83, 1(b) asserts that a person qualifies for registration as a voter at
elections or referenda if the person is not declared to be of unsound mind.
This is repeated in Article 99, 2(e) regarding qualification of election for Member
of Parliament position.
Despite
this group of being clearly marginalized, they have not been included in the legislation meant to be enacted by Parliament. The law recognizes need to make women, youth,
persons with disability, ethnic and other minorities and marginalized group in
Article 100 special representation, catering for their needs, crafting policies
that ease their lives. Depression, for example, the most common mental illness
is ranked as the leading cause of physical disability. Do we need to wait for
people to have extreme, visible physical disability to turn our heads? These are Kenyans yet they deal with
stigma and abandonment that sometimes render some suicidal.
I
applause for the governments’ initiative of substantiating mental illness
drugs, for example, my monthly antidepressant dosage goes for ksh.30 in my
county hospital, I can get them in the pharmacy for ksh. 3 per tablet, totaling
ksh. 90. Further, measures have been put in place to avert abuse of the drugs,
they are not sold over the counter without clear prescription.
What
needs to be clear is that everyone with a brain is a viable
candidate for mental illness. We can make hay when the sun still shines.
