Persons with Disabilities Bill,2023

Clause 4. The national government shall (a) develop policies on the protection and promotion of the rights of persons with disability; (b) undertake investigations, surveys and research into the causes and nature of disabilities and development of new assistive devices; (c) put in place measures for the prevention of disabilities and rehabilitation of persons with disability; (d) provide facilities and infrastructure for the training of professionals in the rehabilitation and habilitation of persons with disability; (e) promote the inclusion and integration of persons with disability in schools; (f) promote the inclusion and integration of persons with disability in the public service and put in place measures to ensure that at least five per centum of the employment positions are filled by persons with disability; (g) prescribe minimum standards and guidelines to be adhered to by public transport vehicles, communication service companies infrastructure developers to facilitate reasonable access by persons with disability; (h) adopt affirmative action measures in procurement of national government goods and services by implementing preferential procurement for persons or entities managed by persons with disability; (i) ensure access to free and compulsory basic education and other social amenities to every child with a disability; (j) allocate adequate resources to programmes specifically targeting persons with disabilities; (k) allocate adequate resources for training on persons with disability; (l) ensure equity in the distribution of resources to all categories of disabilities; (m) promote affirmative action to ensure that learners with disabilities are enrolled in all levels of learning institutions; (n) provide capacity building, funding and technical assistance to the county governments on all matters relating to persons with disability; (o) consult county governments on any matter relating to persons with disabilities that affect the functions and powers of county governments; (p) develop programmes for care givers of persons with disabilities on specialised counselling and economic development; and (q) ensure inclusion of persons with disability in all mainstream programs and interventions.

Clause 5. (1) Every county government shall (a) implement national policies for the protection and promotion of the rights of persons with disability; (b) allocate adequate resources to programmes specifically targeting persons with disability; (c) ensure access to free and compulsory pre-primary education and other social amenities to every child with disability; (d) coordinate and disseminate information on government sponsored and non-government sponsored programmes targeting persons with disability within the respective counties; (e) promote the inclusion of persons with disability in the county public service by putting in place measures to ensure that at least five per centum of the employment positions are filled by persons with disability; (f) adopt affirmative action in procurement of county government goods and services by implementing preferential procurement for individuals or entities established or managed by persons with disability; and (g) ensure inclusion of persons with disability in all mainstream programs and interventions. (2) In ensuring that a county government meets its obligations under subsection (1), the county executive committee member responsible for matters relating to persons with disability in each county shall (a) advise the respective county governor on the appropriate measures and interventions to be put in place for the protection of persons with disability in the county; (b)develop mechanisms for the identification of persons with disability residing in the county; (c) liaise with the Council to maintain a database of persons with disability residing within the respective county containing the following information regarding disability the persons (i) the name, age and place of residence of the person; (ii) the type of disability of the person; (iii) the education level of the person; (iv) the health needs of the person; (v) the employment status of the person; (vi) any interventions made in relation to the person; and (vii) any other information that the county executive committee member may consider necessary; (d) monitor and evaluate the progress by the county in ensuring the realisation of the rights of persons with disabilities under Article 54 (1) of the Constitution; (e) formulate and implement programmes aimed at promoting the socio-economic development, including participation in cultural life, recreation and sports, by persons with disability in the county; (f) coordinate the implementation of programmes developed by the Council and the Authority relating to persons with disability in the county; and (g) prepare and publish reports containing statistical or other information relating to programmes and effect of the programmes carried out by the county in relation to persons with disability.

Clause 6. (1) Every person with disability is (a) equal before the law in the social, cultural, economic, political, or any other field of life and is guaranteed to equal protection, equal benefit of the law and to effective legal protection against discrimination on all grounds; (b) entitled to the full and equal enjoyment of the goods, services, facilities, or accommodations on an equal basis with others. (2) Pursuant to subsection (1), specific measures, including support services which are necessary to accelerate or achieve equality and eliminate discrimination against persons with disability shall not be considered discrimination.

Clause 30. (1) Persons with disabilities are entitled to a barrier-free and disability-friendly environment to enable them to have access to buildings, roads and other social amenities, and assistive devices and other equipment to promote their mobility. (2) Every person with disability has a right to accessibility as an essential pre-condition to enable him or her to live independently and participate fully in all aspects of life and shall have the right to be provided with such accessibility to the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services including emergency services open or provided to the public. (3) Public and private institutions shall implement minimum standards and guidelines for the accessibility of facilities and services open or provided to the public to accommodate all aspects of accessibility for persons with disabilities. (4) Every person with disability has a right to personal mobility and the use of assistive devices of his or her choice, including assistance by guide animals, and no person with disability shall be denied access to any public place because of the nature of his or her assistive devices. (5) The relevant government agencies when approving building plans shall ensure that such plans are compliant to the accessibility standards and regulations promulgated. (6) The Council shall work with relevant government agencies and the private sector in the development and promulgation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public. (7) The standards and guidelines promulgated under sub-section (3) shall ensure that they are age and gender appropriate and are applicable to (a) all buildings and facilities used by the public; (b) permanent, temporary or emergency conditions; (c) road and rail based transport; (d) aviation; (e) maritime transport and ports; (f) pedestrian infrastructure including zebra crossings, walkways and sidewalks; (g) public transport system; (h) any other mode of transport; in order to enable persons with disability to travel with safety and comfort. (8) No individual, organization or establishment shall be issued a certificate of completion or allowed to take occupation of a building if it has failed to comply with the standards and regulations. (9) All new construction, modification or alterations on built environment immediately after the effective date of this Act shall fully comply with the standards set out in the Second Schedule on accessibility of the built environment for persons with disabilities. (10) The Cabinet Secretary responsible for matters relating to building standards shall prescribe standards to ensure a barrier free environment for persons with disabilities.

Clause 36. (1) There is hereby established a council to be known as the National Council for Persons with Disabilities. (2) The Council shall be a body corporate with perpetual succession and have a common seal and shall be capable, in its corporate name of (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging and disposing immovable property; (c) borrowing; and of movable and (d)doing or performing all such other things or acts for the proper discharge of its functions under the Constitution, this Act or any written law, as may be lawfully done or performed by a body corporate.

Clause 41. (1) The Council shall consist of the following (a) the Chairperson, who shall be drawn from organizations of persons with disabilities and who shall be appointed by the President; (b) the Principal Secretary in the Ministry responsible for matters relating to disabilities or a representative duly appointed in writing; (c) the Principal Secretary in the Ministry responsible for finance or a representative duly appointed in writing; (d) one person nominated by the council of county governors; (e) the following appointed by the Cabinet Secretary (i) three persons representing different categories of disabilities, nominated by organizations of persons with disabilities; (ii) two persons nominated by organizations for persons with disabilities, one of whom shall be from organizations of parents and guardians of persons with mental disabilities who cannot represent themselves; (f) the Executive Director of the Council who shall be the Secretary to the Council. (2) The appointing authority, in making appointments under this section, shall ensure that (a) there is equitable representation of different categories of persons with disabilities and that not more than two-thirds of the members are of the same gender; (b) at least one of the members of the Council shall be from a rural-based organization; (c) persons appointed have knowledge or experience of the requirement of persons with disabilities; (d) the requirement of a mix of skills across all functionalities of the Council is observed. (3) Persons appointed under subsection (1) (d) shall be from organizations that have been in existence for at least three years.

Clause 60. Any person who employs a person with disability and who incurs reasonable expenses on account of (a) reasonable accommodation of the employee with disability; (b) modification of any part of the work place designed to meet the needs of the employee with disability; or (c) mobility aids, assistive devices, technology or other devices or equipment, including computer software and computerized systems designed to meet the requirements of the employee with disability, shall be entitled to deductions of the expenditure incurred in the computation of their taxable income.

Clause 62. (1) Any person who wilfully and without any lawful justification treats a person with disability in any manner resulting in the contravention of Article 27(4) and (5) of the Constitution commits an offence and shall upon conviction, be liable to a fine not exceeding two million shillings or imprisonment not exceeding two years or both. (2) The following acts or omissions constitute discrimination within the meaning of subsection (1) if the act or omission complained of results in denial to any person by reason of his or her disability of any of the following (a) public services or entry to public premises generally accessible to members of the public; (b) the right of inheritance in accordance with the law of succession; (c) health services including reproductive health services generally accessible to members of the public in accordance with the law relating to health; (d) educational or other training services, generally accessible to the public; (e) employment or indentured learner-ship; (f) the rights guaranteed under Article 53 of the Constitution; (g) the rights guaranteed under Article 55 of the Constitution; (h) the rights of older persons guaranteed under Article 57 of the Constitution; (i) the right to obtain, possess and utilize documents of registration or identification, including a certificate of birth, national identity card and passport; (j) the right to respect for personal dignity as guaranteed under article 28 of the constitution; and (k) reasonable accommodation. (3) Nothing in this section limits the right of action of a person with disability for compensation or other appropriate remedies in civil proceedings.