The Persons with Dissabilities Bill 2023 Senate Bill no7 of 2023

REPUBLICOFKENYA

PARLIAMENT

SENATEBILLS

(BillNo.7of2023)

THE PERSONS WITH DISABILITIES BILL, 2023

(A Bill published in the Kenya Gazette Supplement No. 16 of 20th February, 2023 and passed by the Senate,with amendments,on 21sFebruary,2024)

THEPERSONSWITHDISABILITIESBILL,2023 ARRANGEMENTOFCLAUSES

PARTI-PRELIMINARY

Clause

• 1—Short title.
• 2-Interpretation.
• 3Guiding Values and Principles.

PARTII-RELATIONSHIPBETWEENTHENATIONAL GOVERNMENTANDCOUNTYGOVERNMENTONMATTERS DISABILITY

• 4Obligationsof theNational government.
• 5- Obligations of county governments.

PARTIII-RIGHTSOFPERSONSWITHDISABILITIES

• 6Right toEqualityandNon-discrimination
• 7-Right to Legal Capacity.
• 8Right to marry and form a family.
• 9—Right to Privacy.
• 10—WomenwithDisabilities.
• 11—ChildrenwithDisabilities.
• 12—Youth with Disabilities.
• 13-- Older members of Society with disability.
• 14—Right todocuments of registration oridentification.
• 15—Right tophysical and mental Integrity.
• 16—Right to Human Dignity.
• 17—Protection from abuse, exploitation and violence.
• 18-Protection and SafetyofPersons withDisabilities in situations of risks andhumanitarian emergencies.
• 19—Specific mcasures for persons with Disabilities.
• 20—Right to Education.

• 21—Righttowork andEmploymentforPersonswithDisabilities.
• 22-No dismissal for employee with disability.
• 23—Incentive for private cmployer.
• 24—Right toHealth.
• 25Council toparticipateinHealthProgrammes.
• 26-Access toinformation and communication technologyservices.
• 27—Access tofinancial andbanking services
• 28—Access toJustice.
• 29Sports,Recreation,Leisure and Culture.
• 30—Accessibility.
• 31—Adjustment Orders.
• 32—Civic andPolitical rights forpersons with disabilities.
• 33—Right to Independent living.
• 34—Enforcemcnt of rights.
• 35—Registration of Persons with Disabilities, organizations and institutions.

THENATIONALCOUNCILFORPERSONSWITH DISABILITIES

• 36—EstablishmentoftheCouncil.
• 37—Functions of the Council.
• 38—— Powers of the Council.
• 39—Council may establish Committces.
• 40—Composition of the Council.
• 41—Qualifications for appointment of chairpcrson and members.
• 42—Election of theVice-chairperson.
• 43—Tenure of office of Members of the Council.
• 4.- Procedure forAppointment.
• 45-ExccutiveDirector oftheCouncil.

• 46—RemovaloftheExecutiveDirector.
• 47—Remuneration of Chairperson andMembers.
• 48—Staffofthe Council.
• 49—Delegation by the Council.
• 50- Inquiry by the Council.
• 51—Funds ofthe Council.
• 52—Financial Year.
• 53—AccountsandAudit
• 54—Annual Report.

PARTV-RELIEFSANDINCENTIVES

• 55—Exemptions.
• 56—Exemptions for parents and guardians.
• 57—Incentives.
• 58-Access to credit.
• 59—Exemptionfromtaxableincome of cmployersof personswith disability.
• 60—Exemptionfrompostalcharges.

PARTVI-OFFENCESANDPENALTIES

• 61—Discriminationcontrary toArticle 27 of the Constitution.
• 62—Prohibition of abuse cxploitation orviolencc.
• 63—Concealment ofPersonswithDisabilities.
• 64—Harmful practices.
• 65—Denial of food and fluids.
• 66—Degrading trcatment of aPersonwith disability.
• 67—Negligence by medical practitioners.
• 68—Offensive Publications.
• 69-Giving false information for purposes of registration.
• 70—Tortureand cruel treatment.

71—Failure tofurnishinformation.

PARTVII-MISCELLANEOUS

• 72—Protectionofroaduserswithdisabilities.
• 73—Public service vehicles and transport.
• 74—Denial of admission intopremises.
• 75—Prohibition of discrimination relating to goods, facilities and services.
• 76—Apprenticeship,Technical,vocational Training,Rehabilitation and Self-Employment.
• 77- Disability Mainstreaming Units and Inspectors.
• 78-— Awareness Raising.
• 79—PublicParticipation.
• 80Consultationbetwcen theNational andcountygovernments
• 81-- Markets.
• 82—Appointment of Public Prosecutors. Cap. 75
• 83-— General Penalty.
• 84- Regulations.
• 85—Repeal of the Persons with Disabilities Act No.14 of 2003.
• 86—Transitional and savingsprovisions.

SCHEDULES

FIRSTSCHEDULE

Provisions as to the Conduct of Business and affairs of the Council.

SECONDSCHEDULE

Access to Buildings, Auxiliary aid, Sporting Venues and Public Facilities.

THEPERSONSWITHDISABILITIESBILL,2023 ABillfor

ANACT of Parliament togive cffecttoArticle54 of theConstitution;torestructurethe National CouncilforPersonswithDisabilitiesandto provide for its functions and powers; to providc for theinstitutional framework for protecting, promotingandmonitoringtherightsofpersons with disabilities; toprovide for incentives and reliefs;andfor connectedpurposes

PARTIPRELIMINARY

Short title.

• 1.This Act may be cited as the Persons with Disabilities Act,2023.

2.In this Act--

Interpretation.

""adjustment order"means an order made by the Council under section 29 of thisAct;

"assistive devices" includes simplements,tools, equipment, taped texts,audio,visual and pictorial recording, Braille cquipment and materials, tactile equipment, orthopaedicappliances,softwareandotherdevicesand machines of forpersonswith disabilitiesfor their sociocultural,economic,civil,political wellbeing ofpersons with disabilities;

ofanystructure orerectionof anykindwhatsoeverwhether permanent,temporary or movable,and whether completed or uncompleted;

"Cabinet Secretary"means the Cabinet Secretary for the time being responsiblefor matters relating topersons with disabilities;

"communication" includes languages, display of text, Braille,tactile communication, signs,large print, accessible multimedia and written, audio, plain-language, casy, to rcad, pictorial,human-reader and augmentative and alternative modes,means and formats of communication,including accessibleinformation and communication technology.

"Councilmeans theNational Council for Persons with Disabilities as restructured under section 34 of this Act;

"disability" includes any physical, sensory, mental, psychologicalor otherimpairment,condition orillness that has or isperceived tohave a substantial or long-term effect on an individual's abilityto carry out ordinaryday to day activities;

"disability mainstreaming" means a strategy through which concerns, needs and experiences of persons with disabilities are made an integral part or dimension of the design, budgetary allocation, implementation, monitoring andevaluation,andreportingofpoliciesandprogrammes in allpolitical,economicandsocictalspheressothatpersons withdisabilities benefit cqually andincquality is not perpctuated;

Cap253.

"discrimination on the basis of disability"means any distinction,exclusion orrestriction on thebasis ofdisability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or cxcrcise, on an cqual basis with others, of all humanrights andfundamental frcedoms in the political,economic,social,cultural,civil or any other field.Itincludes all forms of discrimination,including denialofreasonableaccommodation;

"doctor" means a person registered or licensed as a medical practitioner under theMedical Practitioners and DentistsAct;

"exploitation"includes any act which has the purpose and effect of taking unfair advantage of anylimitation of persons with disability;

"harmful practices" include behaviour, attitudes and practices based on tradition, culture, religion, superstition orotherreasons,whichnegativelyaffectthehumanrights andfundamentalfreedomsofpersonswithdisabilityor perpetuate discrimination against such persons;

"inclusive cducation" means an approach where learners and trainees with disabilities are provided with appropriate educational interventions within regular institutionsoflearningwithreasonableaccommodationsand support.

"legal capacity" means the ability to hold rights and duties under the law and toexercise theserights and duties;

"media enterprise" mcans an organization whose business involves the collection, processing and disseminationofnewsornewsarticles,orinentertainmcnt andeducationthroughthemedia;

"medical practitioner"means a person duly registered undertheMedicalPractitionersandDentistsActasa medicalpractitioner;

"older member of society"has the meaning assigned to it underArticle260of theConstitution;

"organisations for persons with disabilities" means associations, groups, non-governmental organizations or societies formed for thepurposes of rendering services to persons with disabilities;

""organisations of persons with disabilities"" means associations, societies or other membershipgroups led and controlled bypersons with disabilities to represent the rights and interests of persons with disabilities;

""persons with disabilities" includes persons with long term physical, mental, intellectual, developmental or sensory impairments, including visual, hearing or albinism, which in interactionwithvarious barriersmayhinder their full and effective participation in society on an cqual basis withothers;

"public building"means a building used, constructed or adapted to be used as a shop, office,hospital,learning institution orusedforpurposesofpublicentertainmentor public assembly and accessed by the general public, and includes its entrance, exit, parking space, footpath and other appurtenantlands.

"reasonable accommodation"means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden,where necded in a particular case,to ensure topersons with disabilities the enjoymentorexerciseonanequalbasiswithothersofall humanrights andfundamental freedoms;

"specific mcasures" means legislative, policies and practices, including outreach or support programmes, allocation or reallocation of resources; preferential treatment;targeted recruitment,hiring andpromotion; numerical goalsconnected with time frames;and quota systems designed,adopted and implemented in order to fulfil equal enjoyment of rights of persons with disabilities;

"support services"" includes support provided by orotherinstitutionalservicesandotherpersonalsupports specificallyprovidedtoenablepeoplewithdisabilitiesto fullyparticipateinsocietyand communitylife andinclude specializedexpert or any other service;

"universal design" means the design of products, environments,programmes and servicestobe usable by all people,to the greatest extent possible,without the need for adaptation or specializeddesign and it shall notcxclude assistive devices for particular groups of persons with disabilitieswhere this is needed;

3.Inpromoting and protecting the rights of persons withdisabilityunderthisActor anyotherlaw,everystate organ, state office, public officer and all persons including incorporated and unincorporated business associations,civil societyandorganizations of andforpersonswith disability shall be guided by thefollowingprinciples-

• (a)respectforinherentdignity and individual autonomyincludingthefreedomtomakeone's own choices, and the independence of all persons in theconduct of their private affairs;
• (b) equality and non-discrimination;
• (C) fulland effective participation and inclusion in society;
• (p) respectfor difference and acceptance of persons withdisabilitiesaspartofhumandiversityand humanity;
• (e) equality of opportunity;
• (f) accessibility;
• (g) accesstoinformation
• (h) cquality betwcen mcn and womcn;
• (i) respcct for the evolving capacities ofchildren with disability andrespectfortheright of children with disability topreserve their identities.

PARTIIOBLIGATIONSOFTHENATIONAL ANDCOUNTYGOVERNMENTS

• 4.The national government shall
• (a)developpolicies on the protection 1and promotion of the welfareof personswith disability;
• (b)undertake investigations, surveys and research

GuidingValues and Principles.

Obligations of the National government intothecauses andnatureofdisabilitiesand development of new assistive devices;

• ? put inplacemeasuresfor theprevention of disabilities andrehabilitation ofpersonswith disability;
• (d) provide facilities and infrastructure for the training ofprofessionalsin therehabilitation andhabilitation of personswith disability;
• (e) promotetheintegration of personswith disability in schools;
• promote the inclusion of persons with disabilityin thepublicservice andput inplace measures toensure that atleast five per centum of the cmploymentpositions arefilled by persons with disability;
• g) prescribe minimum standards and guidelines tobe adhered tobypublic transportvehicles, communication servicecompaniesand infrastructure developers to facilitate reasonable access bypersons with disability;
• (h) a adoptaffirmative action mcasures in procurement of national government goods and services by implementing prefercntial procurement for persons or entitiesmanaged by persons with disability;
• ensureaccess tofreebasiceducationandother socialamenities tocverychild with a disability;
• (i) allocateadequateresourcestoprogrammes specifically targeting persons with disabilities;
• (k) allocateadequateresourcesfortrainingon persons with disabilities;
• (1) ensure equityin thedistribution ofresourcesto all categories of disabilities;
• (m) promoteaffirmativeactiontoensurethat learnerswithdisabiliticsareenrolledinalllevels

of learning institutions;

• (n) provide capacity building,funding and technical assistance tothe countygovernments onall matters relating to personswith disabilities;
• (o) consult county governments on any matter relating topersonswith disabilitiesthat affect the functions and powers of county governments; and
• (p) develop programmes for care givers of persons withdisabilities sonspecialised 1training, counsellingandeconomicdevelopment.

5. (1) Every county government shall--

Obligations of county governments.

• (a)implement tnationalpoliciesforthe protection andpromotionof thewelfare of persons with disability;
• (b) allocate adequate resources to programmes specifically targeting persons with disability;
• (c)ensureaccess to free pre-primary education andother socialamcnitics to every child with disability;
• (d) coordinate and disseminateinformation ongovernment sponsored and nongovernmentsponsored programmes targetingpersonswith disability within the respective counties;
• (e)promotethe inclusion of persons with disabilityin the countypublic service by puttinginplacemcasures to ensure that at least fiveper centum of the employment positions are filled by persons with disability; and
• (f)adopt affirmativeactionin procurcment of county government goods and services by implementing preferential procurement for individuals or entities

establishedormanagedbypersonswith disability.

• (2) In ensuring that a county government mect its obligations under subsection (1), the county executive committeememberineachcountyshall-

2. (a)advise the respective county governor on the appropriate measures and interventionstobeputinplaceforthe protection ofpersonswithdisabilityin the county; 3. (b)develop mechanisms the identification ofpersonswithdisability residing in the county; 4. (c)liaise with theCouncil tomaintain a databaseofpersonswithdisability residing within the respective county containingthefollowinginformation regarding the persons with disability-- 5. (i) the name, age and place of residence of the person; 6. (ii)the type of disability of the person; 7. (iii) theeducationlevelofthe person; 8. (iv) the health needs of the person; 9. (v)theemploymentstatusof the person; 10. (vi)a anyinterventionsmade ein relation to theperson;and 11. (vii)any otherinformation that the county executive committee member may consider necessary; 12. (d)monitor and evaluate the progress by the countyinensuringtherealisationofthe

rightsofpersonswithdisabilitiesunder Article54(1)oftheConstitution;

• (e)formulate andimplement programmes aimed at promoting the socio-cconomic development,including participation in cultural life,recreation and sports,by persons with disability in the county;
• coordinate the implementation of programmes developed by the Council andtheAuthorityrelatingtopersons with disability in the county; and
• prepare and publish reports containing statistical or otherinformationrelatingto programmesand effectof the programmes carried out by the county in relation to persons with disability.

(3)The county executive committee member may,for theeffectiveperformanceofthefunctionsunder subsection (2), designate a public officer within the countypublicserviceorconstituteacommitteeto perform suchfunctionsas the countycxecutivemember may determine.

(4)Where the county executive member constitutes a committee under subsection (3),the committee shall consist of--

• (a) aperson who represents persons with disability in the county;
• (b) twopublic officcrs serving in the respective county public service;
• ? twomembers of thepublicwithknowledge or cxperience onmattersrelatingto thewelfare, rehabilitation and the management persons withdisability andbelongtoarelatedgroupor organization;and
• (d) such other persons,not cxceeding two,as the countycxecutivecommitteemembershall considernecessaryfortheperformanceofthe

functionsofthecommittee.

• (5)In constituting a committee under subsection (4),thecountyexecutivecommitteemember shallensurethatnotmorethantwothirdsofits membersshall be ofthe samegender.
• (6)The respective county government shall cnact county specific legislation to providefor
• (a) procedure fornomination and appointment of themembersofthecommittee;
• (b) suchfurther qualificationsfor appointment to the committee asmay beconsidered appropriate;
• (c) the term of appointment;
• (d) the criteria and procedure for removal of a memberfrom thecommittee;and
• (e) suchother matters asthecountygovernment shall considernecessary.

PARTIII-RIGHTSOFPERSONSWITH DISABILITIES

• 6.(1)Everypersonwithdisabilityis
• (a)equal before the law in the social,cultural,I economic,political, or any other field of life and is guaranteedtoprotection,benefitofthelaw andtoeffective legal protection against discrimination on all grounds;

Right to Equality and NonDiscrimination.

• (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 (l), specific measures, including support services which are necessary to accelerate orachieve equalityandeliminatediscriminationagainst persons with disabilities shall not be considered discrimination.
• 7.(l)Persons with disabilities have the right to

Right to Legal Capacity.

recognitioneverywhere aspersons before thelaw,and to aspectsoflife.

(2)Persons with disabilities are entitled to such support services as they mayrequire in exercising thcirright tolegal capacity.

(3) Everypersonwith disabilityhas a right to own and inherit property,to control their own financial affairs and to have access to savings and loan facilities, mortgages and otherformsoffinancialcreditonanequalbasiswithothers.

8. (1) Every adult person with disability has the right to marryapersonoftheoppositesex andformafamilybased onfrceconsent.

(2) Everypersonwith disability has theright to control his or her sexuality and reproductivehealth.

(3) Noperson with disability shall be separated from his orher childon thegroundof disability.

(4) Every person with disability shall at marriage, duringmarriageandatthedissolutionofmarriagebe marriage, during marriage and dissolution of marriage.

9.(1)Every person with disability has a right to privacyandshallnotbesubjectedtoarbitraryinterference and intrusion with his or her privacy, family,home or correspondenceorothertypesofcommunication.

(2))Every public or private institution shallprotcct confidentialinformationrelating topersonalhealthand habilitation andrehabilitationservices forpersonswith disabilitieswithdignity and suchinformation shall not be shared without express authority of the person with disabilityconcerned.

10.Everywomanwithdisabilityhastheright to enjoyment of her human rights and fundamental freedoms without discrimination on an cqual basis with others, includingtherightto-

• (a)participateinsocial,economicandpolitical decision-makingand otherrelated activities;

Right tomarry andforma family.

RighttoPrivacy.

Womenwith Disabilities.

• (b)protection from sexual and gender-based violence;
• (c)be provided with habilitation, rehabilitation and psychosocial support against sexual and genderbased violence;
• (d) sexual andreproductive healthservices;
• (e) retain and control her fertility;
• keep her child and notbe deprived of her child on groundsof disability;and
• (g) full development,advancement and empowerment.

11.(1) Every child with disability has the right and freedom on an equal basis with other children in respect to-

• (a) a name andregistration immediately afterbirth;
• (b) evolving capacities,identitiesand toenjoya full and decent life,in conditions which promote and ensure dignity,self-reliance,and independence;
• ? freedom to express his or herviews on all matters affecting him or her;
• (d) age andgender appropriate assistance torealize his or her rights;
• (e) livingwith his or her family for aslong as is necessary;
• (f accessingqualityeducation;
• (g) accessing appropriate healthcare services;and
• (h) protection from abuse,exploitation and harmful practices.

(2)In all actions concerning children with disabilities,the best interest of the child shall be theprimary consideration and shall be of paramount importance.

Youth with Disabilities.

12. (1) Every person with disability who is a youth is entitledtoenjoymentofhumanrights andfundamental freedoms on an cqual basis with other youth.

(2)The Councilin consultation with National and CountyGovernmentsandotherstateagenciesshalltake policy, legislative,administrative and other measures to ensurethat therightsofyouthwithdisabilities arefully Children with Disabilities respected, including by—

• (a) promoting full, inclusive and acccssible education, trainingandcmployment and programmes for youth with disabilities;
• (b) promoting theinclusionofyouthwithdisabilities in mainstream youthorganizations and programmes;
• (C) removing barriers that hinder or discriminate against theparticipation ofyouthwithdisabilities in society;
• (d) promoting training andaccesstoInformation, Communication andTechnologycspeciallyfor youth with disabilities in rural areas;
• e) developing programmes to ovcrcome social and cconomic isolation,and removing systemic barriersinthelabourmarketfor youthwith disabilities;
• cnsuring access to credit facilities foryouthwith disabilities; and
• (g) developing and implementing specific measures to facilitatefull andequal participationofyouthwith disabilities in training, sports, culture, science and technology.
• (h) ensuring that youth with disabilitieshave access to appropriatesexualandreproductivehealth education on an equal basiswith others.

13.Oldermembers of society whohavedisabilities havetherighttoenjoymentof humanrightsand fundamental frcedoms on an cqual basis with others, including the right to-

• (a) access socialprotectionprogrammes;
• (b) measures andsafeguards are putin placeto provide them with the support they may require to exercise their legal capacity; and
• (C) accessinclusive services.

14.(l) Every person with disability has a right to be issuedwithacertificateofbirth,nationalidentificationcard, passport, disabilityidentification cardandanyother Older members of Societywith disabilities.

Rightto documents of registration or document ofregistration oridentificationfree of charge.

(2)No person with disability shall be deprived, on the basisofdisability,ofhisorher abilitytoobtain,possess and utilizedocumentationofhisorhernationalityorother documentation ofidentification,or toutilizerelevant processes,that maybeneeded tofacilitate exercise of other rights.

15.EveryPersonwith disabilityhas aright torespect for his or her physical and mental integrity and the right to security of the person including his or her survival,liberty, protectionanddevelopment.

16.Everypersonwith disabilityhas a right tohuman dignity and therightfor that dignitytoberespected and protectedandinparticular nottobereferredtoby demeaning,embarrassing,derogatory and any other term thatmaybe consideredaslowering his or her human dignity.

17.(1) Every person with disability has the right to be protected against all forms of abuse,neglect, cxploitation andphysical,mental,sexual,or emotionalviolenceontheir person in all settings at all places including, home, carchouses,educationalinstitutions,hospitals,workplaces,and anyotherplacewhichresides,cohabits,employsorinother manner inhabits any person with disability whether temporarilyorpermanently.

(2)Anyperson or organization working with a person with disability, or any person, who has reason to believe that an act of exploitation, neglect,violence or abuse has been, oris being,or islikely tobe committed against anyperson with disability,shall give information about it to law occurs or islikelytooccur,and such agencicsshall take immediate steps on thereceipt of such informationto stop it and have the persons responsible for it arrested, or,ifit has not occurred,topreventitsoccurrence.

(3) Any person who fails to comply with the provisions on subsection (2) commits an offence and is liable on conviction to afinenot excecdingfifty thousand shillings or toimprisonmenttoatermnotexceedingoneyearorboth.

identification.

Righttophysical andmental Integrity.

Right to Human Dignity.

Protectionfrom abuse, exploitation and violence.

18.(1) Persons with disabilities have the right to protectionin situations of risk,includingsituations of armed conflict,humanitarian emergcncies and the occurrence of natural disasters.

(2)Every institution,whether public or private,shall maintainaninventoryofallpersonswithdisabilitieswithin itsestablishmentandshall,subject todata protection protocols,submit such inventory to theNational and County governments and any other agenciesresponsiblefor disaster management.

(3)Entities which runplaces to whichthe public has access shall take appropriate measures to ensure protection and safety of persons with disabilities in situations of risk.

(4)The Kenya Defence Forces,the National Policc Serviceandanyothercstablishmentwhetherpublicor private,engaged in cmergency or humanitarian services shallgivepriority or andspecific attentiontopersonswith disabilities, in all situations of risk, take appropriate measures to ensure the safety andprotection ofpersons with disabilities.

(5)Construction andreconstructioncmergencyor humanitarianprogrammes andactivitiesundertakenby the Governmentandanyotherestablishmentwhetherpublicor private shall,after consultation with the Council,takeinto accountthe accessibilityrequirements of persons with disabilities.

(6)For purposes of this section, situations of risk include fire,floods, earthquakes, epidemics, cattle rustling, ethnicconflictsandterrorism.

19.(l) Evcry person with disability is entitled to specificmeasures to accelerate the equal participationin the social, cultural, economic, civil, political, or any other field.

(2)Everypublicandprivateinstitutionshalltake effectivemeasuresand, whereappropriate,specific measurestoensurecontinuingimprovementofcconomic andsocial conditionsofpersonswithdisabilities.

20.(l) Every person with disability has a right to admissiontoanyinstitutionoflearningandaccesstoan inclusive,quality education on an cqual basis with others.

Protectionand Safety of Persons with Disabilities in situations ofrisk and humanitarian emergencies.

Specific mcasures for persons with Disabilities.

Right to Education.

(2) Noperson shall be excluded from the education system on the basis of disability.

(3)TheNational 1governmentshallfacilitate participationofpersonswithdisabilitiesinaccessibleand adaptablecontinuingadulteducationprogrammesonan equalbasis.

(4)TheNational and County Governments shall ensure thatpersons withdisabilitieshaveaccess toinclusive education,without discriminationand on an equal basis at all levels.

• (5)Every childwithdisabilityhas the right tofree and compulsorybasiceducation.
• (6) Children withdisabilities shall not be excluded from free and compulsory carly childhood, primary or secondary education, on the basis of disability.
• (7) Every child with disabilities has a right to equal access to play, recreation and leisure and sporting activities, including those activities in the school system.
• (8) The Council inconsultation with relevant Governmentestablishmentsshall ensure that-
• (a)learninginstitutions takeinto account theneedsof persons with disabilities with respect to the set entry requirements, pass marks, curriculum, examinations,auxiliary services,use of school facilities, class schedules, physical cducation requirements and other similar considerations;
• (b) learning institutionsprovideindividualized support measures, appropriate equipment, assistive devices,adoptive technologies and other supportiveservicesinenvironmentsthatmaximize academicandsocialdevelopment,consistentwith thegoalof fullinclusionofstudentswith disabilities.
• ? the Ministryresponsiblefor cducation formulates strategicstoimplementinclusiveeducation through—
• (i) enforcementofrecruitmentandretentionof special education teachers in all schools and institutions;
• (ii) adaptationandstructuraladjustmentsofall educationalinstitutionstotheneedsof personswith disabilities

• (i)cstablishmentofspecializedinstitutions that undertakerescarchanddevelopmentin educationfor learnerswith disabilities;
• (iv)establishment of atleastone assessment centerin cach countyto support educational institutions within the county,by way of teacher trainers,educationalaids,equipment and materials;
• v promotionoftheuseofappropriate augmentative and alternative modes,means andformatsofcommunication,adaptive technologies,including Braille and Kenya Sign Language; and
• (vi)introduction nofKenyanSign nlanguagc courses in all learning and training institutions.

(9)The CabinetSecretaryin charge ofeducationshall developanadaptableexaminationframeworkandawarda certificatetochildrenwithintellectualdisabilitiesafter completionoftheircducation.

• (10)Each learner with disability including an intellectual disability has a right to be assessed and be placed in an appropriatelearninginstitution inaccordance with the outcome ofthe assessment".
• (11)Any person who denies a person with disability admissiononthebasisofdisabilitycommits anoffenceand isliable on conviction to a finenot exceeding five hundred thousand shillings or toimprisonment for a term not exceedingtwoycarsorboth.

(12) In addition to subsection (11) the court may order unconditional admission of thepersonwith disability.

(13) The Cabinet Secretary responsible for education shall-

• (a) facilitate through policies and legislation, the developmentofpersonswithdisabilities through their personality, talents and crcativity,as well as their mental and physical abilitics,to their fullest potential;
• (b) incollaborationwiththerelcvantlineministries shall provide training facilities for spcech therapy, occupational therapy,physiotherapy,guidance and counselling, audio-logical assessments, habilitation,and aural and oral rehabilitation for

children with disabilities;and

• ? togetherwiththeCountyEducationCommittees in charge of education make policy,legislation andsustainablefinancialframeworksincach financialycar toachievefullrealizationof the right to education for persons with disabilities.

(14)Every Person with Disabilities is cntitledto receive the support services required,within the gencral education system,tofacilitatehis or her effectiveinclusive education.

(15)TheCouncilshallwork in consultation with relevant agencies of National and County Governments to makeprovisionsfor an integratedsystem of specialandnonformal schools and institutions,especially for the deaf, the blind,thedeafblindandthosewithdevelopmental disabilitiestocaterforskillsdevelopment andself-reliance, andestablishmentofbrailleandrecordedlibrariesfor personswithvisual disabilities.

Right to work andemployment forPersonswith

21.(1) No employer shall discriminate against a person with disability in job application procedures, hiring, advancement and other terms,conditions,and privileges of Disabilities. employment.

• (2)Everyemployershall-
• (a) reserve atleast fiveper cent direct employment opportunities for persons withdisabilities to secure employment;
• b) formulate policies andprogrammes topromote basic human rights,improve working conditions, and cnhance employment opportunities for persons with disabilities;
• ? when recruiting,not discriminate on account of disability;
• (d) notconductanytestorexaminationtoestablish whether an applicant is a person with a disability or as tothe nature or severity of theperson's disability; and
• (e) be required to carry out appropriatemodifications intheirworkpremisestoaccommodatethe employment of personswith disabilities;

(3)Everyemployer shall submitanannualreporton thestatusofemploymentofpersonswithdisabilitieswithin theircstablishmentstotheCouncilinaformatasmaybe prescribedbythe Council.

(4)Every cmployer shall apply specificmeasures to employeeswithdisabilitiesinpromotions,training andother relatedmatters arisinginthecourseof,orthroughthelength of employment.

(5)Without limiting the generality of subsection (2) (c),thefollowingmay constitute acts of discrimination--

• (a) limiting, segregating or classifying a job applicant withdisabiliticsinamannerwhichadversely affectshis orher work opportunitics;
• (b)using qualification standards, cmployment tests or otherselectioncriteriathatscreenoutortendto scrcen out or prohibit carcer progression of persons withdisabilities;
• (c)utilizing standards, criteria, or methods of administrationshowingtheeffectofdiscrimination onthebasis of disability or perpetuating the discriminationofotherswhoaresubjecttocommon administrative control;
• (d)providing less payment, remuneration or fringe benefits,to an cmployee with disability,than the amountpaid to othersperforming the same work;
• (e)favoringanemployeewithout disabilityovcran employeewithdisabilitywithrespecttopromotion, training opportunities, study and scholarship grants, solely on account of the latter's disability;
• (f)re-assigning ortransferringanemployee with disabilityfrom a task orposition the employeeis abletoperformtoonewhichheor shecannot perform because of his or her disability;
• (g)failing to select or administer in the most cffective manncr,employmenttestswhich accuratelyreflect theskills,andaptitudeofan applicantor employee with disability, rather than the impaired sensory, manualor speaking skills of such applicant or cmployee: if any; and
• (h) cxcludingpersons with disabilities from membershipin trade and labourunions or similar organizations.

(6) For the purposes of subsection (5),the age of retirement forpersonswith disabilitiesshall befive(5)ycars abovethemandatoryageofretirementsetbythe Government.

• (7)For purpose.of this section"reasonable accommodation"forpurposesof employment includes-
• (a) (i) making existing facilities used by employees readily accessible to and usable bypersons with disabilities;
• (ii) job restructuring, part time or modified work schedules,reassignment to a vacant ors suitable position, acquisition 1or modification of equipment or devices, appropriate adjustments or modifications of examinations,training materials or policies, theprovisions of qualifiedreaders or interpreters, and other similar accommodations for persons with disabilities;
• (iii) payment of assistive allowances to employeeswithdisabilities
• (b)"cmployer" mcans an employer in the public and private sector;
• (c)"discrimination"includes-
• (i) limitingorclassifyingajob applicantor employee in an adverse way;
• (ii) denying employment opportunities to qualified persons;
• (ili) )notmakingreasonable accommodation;
• (iv)not advancing cmployeeswith disabilitiesin employment;and
• (v)not providing necessary accommodations in training materials or policies;andthe provision of qualified readers orinterpreters.

22. No person with disability shall be dismissed or suffer any reduction in rank on the grounds of disability, acquiring any disability,or any consequences thereof:

Provided that

• (a) if anyemployeewithdisabilityisplaced under undue stress or disadvantage in the usual course of employment as a result of the disability,such cmployceshallbeeligiblefor apositionat the

No dismissal for employeewith disability.

same rank with adequate support; and

• (b) suchan employcemay,ifrequiredbythenature ofdisability,bedeploycdtoanotherpostwith the same pay scale and service and if it is not possiblc to adjust the cmployee against any post, the employeemaybekeptonasupernumerarypost untilasuitablepostisavailableorheattainsthe age of retirement,whichever is earlier.

23. (1) A private employer who cngages a person with a disability cither as a regular employee,apprentice or learner shallbe entitledto applyfor a deductionfrom its taxableincome cquivalent totwenty-fivepercentof thetotal amountpaid assalaryandwagestosuchcmployce:

Provided that suchan cmployer shall present proof certifiedbythe Council of thepersoninrespect ofwhom it claims thededuction and the personwithdisabilities so cmployed is accreditedwith the Council asto disabilities, skillsandqualifications.

(2)Aprivatecmploycrwhoimprovesormodifiesits physicalfacilitiesoravailsspecialservicesinorderto providereasonableaccommodationforemployceswith disabilities shallbe cntitled toapply for additional deductionsfromitsnet taxableincome equivalenttofifty percent of the dircct costs of the improvements, modifications orspecial serviccs.

24.(1) Persons with disabilities have the right to the enjoymentofthehighestattainablestandardofhealth, includinghealth-relatedhabilitationandrehabilitation services,without discrimination on the basis of disability.

(2)Persons with disabilities have the right to the enjoymentof sexualandreproductivehealthrightson an equal basiswith otherpersons.

(3)Persons with disabilities have the right to informationtocnablethemtomakeresponsibleand informed choices about their sexual and reproductivehealth.

(4) Persons with disabilities have a right to be treated with respect, privacy and dignity while seeking health related services.

(5)Personswithdisabilitiesshallbecntitledtofree medical care and trcatment inpublichealthinstitutions

(6)Medical assessment reports for persons with Incentivefor private cmployer.

Right to Health.

disabilities,including for purposes of registrationunder the Act, shall be done free of charge in public health institutions.

(7) The national and county governments shall ensure that allhealthinstitutionshave anadequatenumber of Kenyan Sign language interpreters in their institutional structures.

(8)Everypersonwith a disabilityhastheright to access healthcare on thebasisoffrceandinformed consent.

(9)Noperson shall subject a person with disability to anymedicalprocedurewhichleads toor couldleadto infertilitywithout that person's express consent:

Providedthatwhere thepersonwith a disabilityis a minor such procedure may,in cases of medical necessity confirmed by at least two medical practitioners,be performedwiththeparentorguardian'sconsent.

25. The Council shall be represented in the implementationoftheNationalandCountyHealth Programs under the CabinetSecretary and County executive committeeresponsibleforhealthforthepurposeof

• (a)early identification of disability;
• (b) carlyrehabilitation of personswith disabilities;
• (c) enablingpersonswithdisabilitiestoreceivefree habilitation nandrehabilitationand medical servicesinpublichcalth institutions;
• (p) availinghealthservicesandfield medical personnel to persons with disabilitics at an affordablecost;and
• (e) prompt attendancebymedicalpersonnelto persons with disabilities.

26.(1) Every person with disability has the right to access information,communication and other services including the freedom of cxpression and opinion,the freedom to seek,receive and impart information and ideas, electronic and emergency services open or provided to the publiconancqualbasiswithothersinatimelymannerand withoutadditionalcostandthroughallformsof communicationofhisorherchoice.

(2)Every person with disability has a right to information,communicationstechnologies andsystems Council to participate in Health Programmes.

Accessto information and communication technology services.

which includes talking software, Braille materials, hearing aidsandothercommunicationdevices.

(3)Public andprivateinstitutions shallprovide information intended for the general public,including through the internet, to persons with disabilities in accessibleformats andtechnologics appropriatetodifferent kinds of disabilities.

(4)Publicandprivateinstitutionsshallacceptand facilitate the use of Kenya sign language, Braille, augmentative and alternativecommunication,andallother accessiblemeans andusableformatsof communication to accommodatetheneedsofpersonswithdisabilities;

(5)Allpublic andprivate mediaenterprises and telephone serviceprovidersshallprovideinformationand services in accessibleformats and technologies appropriatc todifferentkinds ofpersonswithdisabilities.

(6)All telecommunications entitiesinKenya shall take steps toensure functionallycquivalentserviccsfor consumerswith disabilities to effectively access services, products and programs offered by them.

(7)The MediaCouncil of Kenya shall develop regulations onmaintenance of lowlevels of risktopersons whohavephotosensitive epilepsyby televisionbroadcasters.

(8)All telcvision stations shall provide a Kenya sign languagc inset, sub-titles in newscasts, and educational programs,and inall programs covering evcnts ofnational andinternational significance.

(9)All public and private institutions of higher learning shall have a common courseinKenyanSign language.

(10)Anypublicinstitutionwhich failstocomplywith theprovisions of this section shall have its licensc suspended and shall not be reinstated until it complies.

27. Institutions that provide financial services, including online services and mobile money,shall cnsure that their services, cquipment and platforms are available to persons with disabilities in accessible formats and technologies.

28. (l) Every person with disability has a right to effectiveaccesstojusticeonancqualbasiswith others,including through the provision of procedural No.46 of2013.

Accessto financial and banking services.

Accessto Justice.

and age-appropriate accommodations,in order tofacilitate their effective role as direct and indirect participants, including as witnesses, in all legal 1 proceedings,at investigative andotherpreliminarystages.

(2)The Attorney-General,in consultation with the Council and the Law Socicty of Kenya,shall make regulationsprovidingforfreelegalservicesforpersonswith disabilities with respect to the following

• (a) matters affectingtheviolationoftherightsof personswith disabilities or the deprivation of their property;
• (b) cascsinvolvingcapitalpunishmentofpersons withdisabilities;and
• (C) such matters and cases as maybe prescribed in the regulationsmade by theAttorney General.
• (3) The Chief Justice shall make rules providing for--
• (a)theexemptionofpersonswith disabilitiesfrom the payment ofcourtfeesinrelationtomatters or casesdescribedin subsection(2);and
• b) the provision,topersons with disabilitics who attend court, of free Kenya sign language interpreters,Braille services,other communication formatsandtechnologiesaccessible topersons with disabilities, physical guide assistance and intermediaries.

(3)Accusedpersonswithdisabilitieswhoaredenied bailshallbeentitledtobeheldincustodyinfacilities modifiedinaccordancewithregulationsmadein accordance withstandardsprescribedunder thisAct.

(4)The Chief Justice shallensure that allsuits involvingpersonswithdisabilitiesaredisposedof expeditiouslyhavingdueregardtotheparticulardisability and the convenienceof suchpersons.

(5)Law enforcement agencies and institutions shall takeinto consideration thedisabilityof aperson on arrest, at detention,investigation,trial orconfinement.

29. (1) Every person with disability has a right to take part on an equal basis with others in sports, recreation, leisure andculturalactivities atthenational,regionaland internationallevels.

(2)Everypersonwithdisabilityshall be cntitled tothe Sports, Recreation, Leisure and Culture.

use of recreational or sports facilities owned or operatedby the national and county governments during social, sporting or recreational activities, free of charge.

(3)The Cabinet Secretaries responsible for sports, recreation,leisure and cultural activities,in consultation with the Council, shall take appropriate measures to enable personswithdisabilitytohave the opportunitytodevelop andutilizetheircreative,artisticandintellectualpotential.

(4)A person with disability shall be cntitled,on an equalbasis with others,to recognition and support of his or her specific cultural and linguistic identity,includingKenya sign language and Deaf culture.

(5)Every public and private institution with sporting, recreation,leisure andculturalactiviticsfortheir employees shall ensure that such sporting,recreational, leisure and cultural activitics are accessible andsensitivetothenecds of personswithdisabilities.

(6)Governmentagencies and institutionsresponsible for curriculum developmcnt shall restructure courses and programmes to ensure access,inclusion and participation of persons with disabilities in all sporting activitics.

(7) Everypersonwith disabilityshall be entitled to the use,without discrimination,and on the same basis with other persons, of recrcational and tourism venues or sports facilities ownedor operated by the Govcrnment during social, sporting or recrcational activitics.

(8)The National and County governments shall providepersonswith disabilitieswith the necessary suitable environment, including appropriate instruction, training, resourcesand medical personnel,architectural infrastructure, apparatus and equipment, transportation facilitiesfor theparticipants.

30. (1) Persons with disabilities are entitled to a barricr- Accessbility free anddisability-friendly cnvironment tocnablethemto have access to buildings,roads and other social amenitics, andassistivedevices andothercquipmcnttopromotetheir mobility.

(2)Every person with disability has a right to accessibilityas anessentialpre-conditiontoenablehim or hertoliveindependentlyandparticipatefullyinallaspccts of lifeand shall have the right to be providedwith such accessibility tothe physical environment,transportation, information and communications, including appropriate technologies and systems,and other facilities and services including cmergency services open or provided to the public.

(3)Publicandprivateinstitutionsshallimplement minimum standards andguidelinesfor theaccessibilityof facilities and services openorprovided to thepublicto accommodateallaspectsofaccessibilityforpersonswith disabilities.

(4)Everypersonwith disabilityhas a right topersonal 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 anypublic placebecause of thenature of his orher assistive devices.

(5) The relevantgovernment agencies when approving buildingplansshallensure thatsuchplans are compliant to the accessibilitystandards andregulationspromulgated.

(6)TheCouncil shallworkwithrelevantgovernment agenciesandtheprivatesectorinthedevelopmentand promulgationofminimumstandards andguidelinesforthe accessibilityoffacilities andservicesopenorprovidedto the public.

(7) The standards and guidelinespromulgated under sub-section(3) shall ensure that they are age and gender appropriateandareapplicableto—

• (a) all buildings and facilities used by thepublic;
• (b) permanent,temporary or emergency conditions;
• (c) road and rail based transport;
• (d) aviation;
• (e) maritimetransport andports;
• (f) pedestrian infrastructure including zebra crossings,walkways andsidewalks;
• (g) public transport system;
• (h)any other mode of transport;

in order toenablepersonswithdisability to travel withsafetyandcomfort.

(8) No individual, organization or establishment shall beissuedacertificateofcompletionorallowedtotake occupation of a building if it hasfailed to complywith the standards andregulations.

(9)All newconstruction,modification or alterations on builtenvironmentimmediatelyaftertheeffectivedateof thisAct shall fully complywith the standards set out in the SecondScheduleon accessibilityof thebuiltenvironment forpersonswith disabilities.

(10) The Cabinet Secretary responsible for matters relating tobuilding standardsshallprescribe standardsto ensureabarrierfreeenvironmentforpersonswith disabilities.

31.(1) This section shall apply to-

• (a)allpremises towhich membcrs of thepublic are ordinarilyadmittedwhetheronpaymentofafee or otherwise;
• (b) public transport opcrators and providers of communication andinformation services;and
• C allservicesoramenitiesordinarilyprovidedto members ofthe public.

(2) If the Council considers that any premises,services oramenities areinaccessibletopersonswithdisabilitiesby reason of any structural,physical,administrative or other impediment to such acccss,the Council shall, subject to this section,serve upon the proprietor of the premises or the provider of the scrvices or amenities concerned,an Adjustment Order--

(a) setting out--

• (i) a full description of theprcmises,services or amcniticsconcerned;and
• (ii) the grounds upon which the Council consider that the premises, services or amenities are inaccessible topersons with disabilities;
• (b) requiringthe owner or provider concerned to undertake athis orher own expense suchaction as maybe specified in order to secureaccess by persons with disabilities to the premises, services oramenities concerned;and
• ? stipulating theperiodwithinwhichtheaction refcrred toin paragraph (b) shall be commenced and completed.

(3)BeforeservingtheAdjustmentOrderunder subsection (2),the Council shall serve notice upon the person concerned--

• (a)specifying thegrounds upon whichthe Adjustment Order is tobeissued and thenatureof

Adjustment Orders.

the actionwhich the Council considers necessary torectifythesituationwhichhasgivenrisetothe proposedorder;

• (b) stipulatingthemaximumperiod thattheCouncil considersreasonablefortheimplementationofthe actionitproposestoorder;and
• (C) calling upon the person concerned,to make representationsto the Council within a specified period from the date of the service of the notice.

(4)After considering the representations if any, referred to in subsection (3) (c), the Council may issue, refrainfrom ordefertheissuingofanAdjustment Order.

(5)WithinthirtydaysafteranAdjustmentOrderis confirmedor issuedundersubsection (4),aperson confirmationorissueoftheAdjustment Order.

(6)TheCouncil shallconsult andcollaboratewith the county governmcnts and other government regulatory agencies in exercise of its functions under this section.

(7)A person is guilty of an offence if he or she fails to complywith an adjustment orderservedunderthis section.

(8)Apersonwhoisconvictcdof anoffenceunder subsection(1)isliabletoafinenotexceedingfivemillion shillingsor toimprisonmcntfor a termnotcxceedingfive years or toboth suchfine and imprisonment.

32.(1) Every Person with disability has a right to participate in political and publiclife and the opportunity to enjoythemon an equalbasiswith others,andtovotefor and be voted directly or throughfreely chosen representatives in anypublicorpoliticaloffice.

(2)It shallbe the responsibility of the body conductingelectionstofacilitatepersonswith disabilitiesin the exercise of their civic and political rights by--

• (a)providing voting procedures,facilities and materials which are appropriate, accessible and easy to understand and use;
• (b) protecting the rights of personswith disabilities to votebysecretballotinelcctionswithout intimidationand toofferthemselvesforelections; and
• (c)allowing assistance in voting by a person of their

Civic and Politicalrights forpersonswith disabilities own choice,on request and facilitating the use of assistive and appropriate technologies.

(3)A person who undertakes to render assistance under subsection(3)(c)shall do so strictlyin accordance with theinstructions of thevoter.

(4)A person described in subsection (2) shall bind himself or herself,in the prescribed form,to comply with that subsection.

33.(1) Every person with disability has a right to independentlivingand 1accesstoarangeofin-home, residential and other support services, including personal assistance, necessary to support living and inclusion in society on an cqual basis with others.

(2) Subject to subsection (1),an cmployer may provide special allowance to a person with disability.

34. (1) Subject to subsection (2), if any person alleges that any of the provisions of this Act has been,is being or is likelytobecontravenedinrelationtoapersonwith disability,then withoutprejudiceto any other actionwith respecttothesamematterwhichislawfullyavailable,that person may apply to theHigh Courtforredress.

(2)The High Court shall hear and determine an application made by a person in pursuance of subsection(1) andmaymake such orders,issue such writs andgive such directions as it may consider appropriate for thepurpose of enforcingor securing theenforccmentof anyof the provisions ofthisAct.

35.(1)In order to facilitatc acccss by persons with disabilitics totheservices setoutunder thisPart,the Councilshallregister onacontinuousbasis

• (a) persons with disabilities, to whom it shall issue disabilityidentificationcardsinsuchformasit may determine;
• (b) institutions,cntities ownedby Personswith Disabilities, associations sand organizations, includingthose controlled andmanagedbythe Government,which promotesthe rightsof and provide services to persons withDisabilities and issuecertificatesofregistrationthereof.

Right to Independent living.

Enforcement of rights.

Registration of Personswith Disabilities, organizations andinstitutions

(2)Existing organizations of or forpersons with Councilforregistration;

(3)OrganizationsforPersonswithDisabilities and anyintegrated organizationwith at leastseventyper cent personswithdisabilitiesmaywithin twelvemonthsof formation, apply to the Council, in the prescribed manner,forregistration.

(4)TheCouncilshallnot denyapersonwith disabilitywhois not registeredfrom accessing any ofthe services setout under thispart.

(5)The disability identification card or certificate ofidentificationissuedbytheCouncilundersubsection (1)shall be conclusive cvidence that

• (a) the holder is a person with disability,or
• (b) the institution,integratedenterprise or organization holding it is registeredwith the Council.

PARTIVESTABLISHMENT,POWERSAND FUNCTIONSOFTHENATIONALCOUNCILFOR PERSONSWITHDISABILITIES

36.Thereisherebyestablishedacouncil tobeknown astheNational Council forPersonswithDisabilities.

(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 sucd;
• (b) taking, purchasing or otherwise eacquiring, holding, charging and disposing of movable and immovable property;
• borrowing;
• (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 belawfully done or performed by a body corporate.

37.ThefunctionsoftheCouncilshallbetoworkwith otherrelevant Governmentagencies and theprivate sector Establishmentof the Council.

Functionsof the Council.

-01

• (a) advise on,and enforce acccssibility,reasonable accommodation,non-discrimination for persons withdisabilitiesandwithregardtoinformation, goods,services and the built environment and their participation in societyon an equal basis with others;
• (b) adviseonformulationanddevelopmentofpolicy andlegal framework,administrative actions, measures,guidelines, standards,strategies and mobilizeresources designed to-—
• (i)cnsure persons with disabilities have access to facilities and serviceswhich ensure effective enjoymentoftherighttolife;
• (ii)facilitate the achievement ofcqual opportunities for persons with disabilities by cnsuringthattheyobtaincducationand cmployment andparticipate fullyin sporting, recreational and cultural activities and are accordedfull access tocommunityandsocial services;
• (ii)advise the Government during the national censustoensurethataccuratefigures of persons with disabilitics are obtained in the countryfor purposes of planning;
• (iv)advise the CabinetSecretaryontheprovisions agrcementsandtreatiesrelatingtoissues affectingpersonswithdisabilitiesandtheir benefits to the country;
• (v)provide assistive devices, appliances and other cquipment ttopersonswithdisabilities registeredwiththe Council;
• (vi)makeprovisionfor assistanceto studentswith disabilitiesregisteredwiththeCouncil inthe form of scholarships, loan programmes, fec subsidies, assistive devices and related technologiesandothersimilarformsof assistanceinbothpublicand private institutions;
• (vii) advise onand oversce inclusionand mainstreamingofdisabilityincxecution of development at the national and county level,

• andprovide technical support topublic and private sectors;
• (viii)ensureinformation 1and communication, transportation,built environment,utilities andservices areaccessibletopersonswith disabilities;
• (ix) actualize healthcare needs of persons with disabilities and ensure personswith disabilities areknowledgeableof theirown health conditions, health-care personnel support andprotecttherights anddignity of persons with disabilities;
• x) consult withthe Governmentinthe provision of suitable and affordable housing for persons with disabilities;
• (xi)prevent discrimination against persons with disabilities;
• (xii) operationalize programmes for selfemploymentorregularemploymentforthe generationof income bypersons with disabilitics;
• (xii)in collaboration with the health service providers secure habilitation and rehabilitation of persons with disabilities withintheirowncommunities andsocial environment;
• (xiv)ensure continuous improvement on accessibility and 1usabilityofphysical environment, roads, transportation, information and communications,indoor and outdoor facilities,including schools, housing,medical facilities and workplace andother facilitiesandservicesopen or provided to thepublic meet the needs of persons with disabilities; and
• (xv)ensure thatprivate entities offering facilities andservices which are open or provided to the public take into account all aspects of accessibility for personswith disabilities;
• (xvi) advice bodies that manage disaster and humanitarian crisis on disabilityissues to cnable them put in place modalities for accessibledisaster andhumanitariancrisis management.

• (C) adviceonsystematiccollection,analysisanduse ofnational statistics and disaggregateddata on issucsrelatingtopersonswithdisabilities;
• (d)provide--
• (i) informationandtechnicalassistanceto institutions,associations andorganizations concerned with the rights,habilitation and rehabilitation of persons with disabilities, and
• (ii)advise on therelativepriorities tobegiven to theimplementation ofnational and internationalhumanrightsinstrumentson personswithdisabilities.
• ? intensivepublicawarenessandeducationonthe rights of persons with disabilities;
• carryout andpublicizerescarchonanymatter relating tohumanrights ofpersons with disabilities;
• (g) establish and maintainlinkagesand networking withlocalandinternationalorganizations, including organizations of and for persons with disabilities;
• (h) promote the establishment ofself-help organizationand thesettingupofspecificprojects forthebenefitsofpersonswithdisabilities,and
• i perform suchother functions asmaybeassigned totheCouncil under this or anyothcr law.

38.In the performance of its functions under this Act, the Council mayAct in association with othcr persons or bodies to--

• (a) enforce and generally administer the provisions of thisActand anyotherrelatedlaws;
• (b) issue adjustment orders;
• (C) conduct accessibility audits;
• (d) issuesummonsorotherordersintheconductof its requiring the attendance of such person, organization or institution as it deems necessary forthefulfilment ofitsmandate;
• (e) control, supervise and managc the asscts and liabilitiesoftheCouncil insuchamannerand as

Powers of the Council.

bestprovidesfor thepurposes of theAct;

• scek and receive any grants,testamentary gifts, donations andmakelegitimate disbursements from such grants, testamentary gifts and donations for its purposes;
• g levy suchfees and charges forits services asmay be provided in this Act;
• (h) enterintoassociationwithotherbodieswithinor outsideKenyawhichtheCouncilmayconsider desirableorappropriate;
• subject tothelawonPublicFinance,the Council investthefunds of theCouncil notimmediately requiredfor thepurposes of the Council;
• open and operate such accounts as are necessary for thefunds of the Council with a bankor financial institution licensed to conduct banking business under the Banking Act to be approved by theNationalTreasurywhichshallbeoperated and maintained in themanner as maybeprescribed by the National Treasury under the Public Finance Management Act; and
• (k)do all such other things or acts as may be necessary for the performance of its functions under this Act.

39. For the better performance of its functions under this Act, the Council may-

• (a) constitute committees consisting of its members; and
• (b) co-opt experts,where appropriate,to scrve on suchcommitteesforarenewableperiodofone year, and may assign to any committce such functions ofthe Council asit maydetermine.
• 40.(1) The Council shall consist of the following-
• (a)the Chairperson,who shall be drawn from organizations ofpersonswithdisabilities andwho shall be appointed by the President;
• b) the Principal Secretary in the Ministry responsible formattersrelatingtodisabilitiesora representative duly appointed in writing;
• (c)the Principal Secretary in the Ministryresponsible

Cap.488

No.18 of2012.

Council may establish Committees.

Compositionof the Council.

for finance or a representative duly appointed in writing;

• (P) one person nominated by the council of county governors;
• thefollowing appointed by the Cabinet Secretary--
• (i)three persons representing different categories of disabilities,nominated by organizations of persons with disabilities;
• (i)two persons nominated by organizations for personswith disabilities,one ofwhom shall be from organizations ofparents and guardians of persons with mentaldisabilities who cannot representthemselves;
• (f)the Executive Director of the Council who shall be theSecretary tothe Council.

(2)The appointing authority, in making appointments underthissection,shall cnsurethat-

• (a)there is equitablerepresentation of different categories of personswith disabilities and that not morethantwo-thirdsofthemcmbersareofthe samegender;
• (b) atleastoneofthemembersoftheCouncil shall be from arural-based organization;
• (C) persons appointedhaveknowledge or cxperience of the requirement of persons with disabilities;
• (p) the requirement of a mix of skills across all functionalitiesofthe Council isobserved.

(3)Persons appointed under subsection (1) (d) shall be from organizations thathavebecnin existencefor atleast three years.

41.(1)A personshall bequalified forappointment as the chairperson of the Council if theperson—-

• (a)is a Kenyan citizcn;
• (b) holdsatleastafirstdegreefromauniversity recognized in Kenya;
• has knowledge and at least ten years'working experience,ofwhichfiveyears shall be onmatters relating to disabilities, human rights or social

Qualifications forappointment of chairperson and members.

development; and

• (d) meets rcquirementsof Chapter Six of the Constitution

(2) A person shall be qualified for appointment as a member of the Council if the person-

• a) )is a Kenyan citizen;

2. (b) holdsat least Kenya Certificate of Secondary Educationqualificationoritsequivalent:

Provided that thisrequirementshall not applytoa member of the Council appointed under section 39(d)(ii);

• (C) has knowledge and at least fivc years working experience of which threc ycars shall be on matters relating to disabilities;
• (d) meets the requirements of Chapter Six of the Constitution of Kenya.

(3)Apersonshall notbe qualifiedfor appointment as the chairperson or a member of the Council if suchperson

• (a) has beenremovedfromofficefor contravening the provisions of the Constitution or any other law;
• (b) is a public officer;
• (C) is a member of a governing body of a political party;
• (p) is a member of Parliament or a county assembly;
• () hasbeen convictedof afelony and sentenced to a term ofimprisonment;
• ( has bcen convicted ofan offence under this Act;
• g has been compelled to resign or been removed from office,on account of abuse ofoffice;
• (h) is adjudged bankrupt or hascnteredinto a compositionschemeorarrangementwiththe creditors; or
• is disqualified under the provisions of any other writtenlawfrom appointment as such.

42.(1) The members of the Council shall,at their first meetingelectoneamong theirnumbertobeavice chairperson.

Election ofthe ViceChairperson.

(2) The person elccted under subsection (1) shall be of opposite gender and of a different catcgory of disability from the Chairperson.

Tenureofoffice ofMembersof the Council.

43.(1) The Chairperson and members of the Council shall holdofficefora termoffiveyears andshall beeligible forre-appointmentforonefurtherterm.

• (2) A member may--

2. (a)at any time resignfrom office by noticeinwriting totheCabinetSecretary,orinthecaseof the Chairperson,to the President;or 3. (b) beremovedfromofficebytheCabinetSecretary if the member- 4. (i) hasbeen absent fromthrcc consecutive mcetingsoftheCouncilwithoutthe permission of the chairperson, or in the case of the chairperson,without thepermission of the CabinetSccretary; 5. (ii) i)isadjudgedbankruptorcntersintoa compositionschemeor arrangementwiththe creditors; 6. (ii)is convicted of an offenceinvolving fraud or dishonesty; 7. (iv) is convicted of a criminal offence and sentenced toa term ofimprisonment; 8. (v) isfoundtohaveacted in amannerprejudicial tothe aims andobjectives of thisAct; 9. (vi)fails to comply with the provisions of this Actrelatingtodisclosureofinterestas provided under the First Schedule to this Act; or 10. (vii)is otherwise unable or unfit to dischargehis orherfunctions asamemberoftheCouncil.

(3)TheFirst Schedule shall apply with respcct to the conductofthebusinessand affairsoftheCouncil.

44.(1)Whenever a vacancy occurs in the office of the Chairperson or a member,the executive director shall forthwithnotify thePublic Service Commission accordingly.

(2)The PublicServicc Commissionshall,within a periodof fourteendaysfrom thedateofthe occurrence of Procedure for Appointment.

the vacancy,by notice in two daily newspapers of national circulationanditsofficialwebsiteandthewebsiteofthe Ministry responsible for matters relating to disability, declarethevacancyandinvite applicationsfrompersons qualified under this Act within a period specified in the notice.

(3) The Commission shall consider all applications submitted under subsection (2) and,within a pcriod of fourteen days from the expiry of the period specified in the notice issued under that subsection,forward names of personsnominatedfor appointment to--

• (a) thePresident,in the case ofthe Chairperson,or
• (b) the CabinetSecretaryin the case ofa Member.

(4)The appointment under this section shall be by noticeintheGazette.

45.(1) The Council shall appoint an Executive Director through an open,transparent and competitive recruitment process.

(2)The ExccutiveDirector shall be thesecretary to the Council.

(3)Aperson shall be qualified for appointment as the ExecutiveDirector of the Council iftheperson-

• (a) is a citizen of Kenya;
• (b) at least a degree from a recognized university;
• (C) has atlcast tenyearsofprovenworkexperience threeyears being at senior management level in a public orprivateinstitution; and
• at least three years'experience on matters of Disabilities.
• (e) mectstherequirements of Chapter Six of the Constitution.

(4) TheExecutiveDirector shallhold officefora termoffiveyearsrenewableonce.

(5) TheExecutiveDirectorshallbetheaccounting officeroftheCouncilandberesponsibletotheCouncilfor the day-to-day management of the affairs of the Council, andshallperformsuchotherfunctionsasmaybeso conferredby thisAct orby any otherwritten law.

Executive Directorofthe Council.

• 46.TheExccutiveDirectormayberemovedfrom officebytheCouncilinaccordancewiththetermsofthe contractofserviceandtheEmploymentAct.

47. The Chairperson and Members of the Council shall bepaidsuch allowances asmaybeapprovedbytheCabinet SecretarywiththeadviceoftheSalariesandRemuneration Commission. 48. (1) The Council may appoint such staff as may be necessaryfortheproperdischargeofitsfunctionsunder this Act,anduponsuchtermsastheCouncilinconsultationwith theSalariesandRemunerationCommissionmaydetermine.

• (2)Thestaffappointed under subsection(1)shall serve onsuchterms andconditionsastheCouncilmaydetermine.

(3) The National and County Governments may,upon requestbytheCouncilsecondtotheCouncilsuchnumber ofpublicofficers asmaybenecessaryfortheproper performance of thefunctionsof the Council.

(4)A public officer seconded to the Council shall, during theperiod of secondment,bedeemed tobe anofficer of the Council and shall be subject only to the direction and controloftheCouncil.

• (5)TheCouncilmayestablishasuperannuation schemeforits employees and make suchpayments towards insuranceasmayberequiredundertherelevantlaws.

Delegation by the Council.

• 49.(1)TheCouncilmay delcgatetoanyof its committces,members,the Executive Director or agencies cithergencrallyorotherwiseasprovidedbytheinstrument ofdelegation,anyofitspowersotherthan-
• (a) duties to make decision under the Act;
• (b) power of delegation itself; and
• (c)the powcrs torevoke orvary delegation.
• (2)A delegatedpower shall beexcrciscdinaccordance withtheinstrument of delegation.

(3) A delcgation may, at any time, be revoked or varied by the Council.

Removalofthe Executive Director.

Remuneration of Chairperson and Members.

Staff of the Council.

Inquiry bythe Council.

50.(1)The Council may conduct aninquiry or a sectoralinvestigation--

• (a) where it considers it necessary or desirable for the purpose of carrying out its functions; and
• (b) uponreceivingadirectionbytheCabinet Secretary in writing,requiring it to conduct an inquiryorasectoralinvestigationintoamatter specified in the direction.

(2)A direction by the Cabinet Secretary under subsection(1)(b) shall specify the period within which the Councilshall submititsreport totheCabinetSecretary.

(3)At therequest of a regulatory body,the Council mayconduct aninquiryintoanymatter affectingpersons with disabilities and provide a rcportwithin a rcasonable period.

51.(l) The funds of the Council shall consist of the following-

• (a)funds appropriated by the National Assemblyfor purposes of the Council;
• (b) such moneys,as may accrue to or vest in the Councilinthecourseof theexerciseofitspowers ortheperformance ofitsfunctions;and
• ()any grants, testamentary gifts,donations or other endowmentsgiventotheCouncil.

FinancialYear.

52.ThefinancialyearoftheCouncilshallbe theperiod of twelvemonths endingonthethirtiethJune of eachyear.

53. (1) The Council shall cause to be kept proper books and records of its income, expenditure, assets and liabilities.

Accountsand Audit.

(2)TheCouncilshallwithinaperiodofnotlessthan threemonthsbefore the commencementof eachfinancial year, cause to be prepared estimates of its revenue and expenditure,differentiating the recurrent,development and expenditure of the Council forthatfinancial year.

(3)Within a period of three months after the end of eachfinancialyear,theCouncilshallsubmittotheAuditor Funds of the Council.

GeneraltheAccountsoftheCouncilinrespect tothatycar togetherwith--

• (a)a statement of theincome and expenditure of the Council duringthatfinancialyear;
• (b) a balance sheetof the Council as at thelast dayof that financial year;
• astatementoftheassetsandliabilitiesofthe Council as at the last day of that financial year;
• (d) any other records of account required under the PublicAudit Act,2003;and

(4) The audited accounts of the Council shall be in accordancewith thePublicAudit Actandthe PublicFinanceManagementAct.

54. (1) Within a period of thrce months after the cnd of Anual Report. each financial year,the Council shall prepare an annual reportinrespectof thatfinancialyear and submitit to the CabinetSecrctary.

• (2) The annual report shall-

2. (a)provideinformation regarding the activities and plans of the Council during thc year and such additionalinformationorothermaterialasthe CabinetSecrctarymayrequest inwriting; 3. (b)outlinemeasurestakenbyit towardsthe realization of thevalues andprinciples of the publicserviceinaccordancewithArticles10 and 232 ofthe Constitution; and 4. (c)contain afinancial statement inrespect of the year.

(3)The Cabinet Secrctary shall,within twomonths after receiving the annual report, transmit it to the National Assembly.

(4)The annual report shall be published andpublicized insuch othermanncr as the Council maydeterminc.

PARTV-RELIEFSANDINCENTIVES

55.(1)All personswith disabilitics who are in receipt of anincome may apply to the Cabinet Secrctary responsible Exemptions.

forfinancefor exemptionfrom incometax and anyother levies on suchincome.

(2) The Cabinet Secretaryresponsible for finance shall, in consultation with the Council, assess all applications received under subsection(l) and may exempt the applicant wholly or partiallyin accordancewith theIncome TaxAct,Cap470. Cap470.

(3) Subject to subsection (2) above, if an assessment demonstrates that an individual has apermanent disability, that personwill be exempt from future assessments.

(4)Materials,articles and equipment,including motor vehiclesfor use by persons with disabilities,shall be exempt fromimport duty andvalue added taxtothe extentprovided under the taxlaws.

(5) All goods, items, materials, machinery, tools, articles,implements or equipment donated to institutions andorganizationsoforforpersonswithdisabilitiesshall be exemptfromimportdutiesandvalueaddedtaxtotheextent provided under the tax laws.

(6)Thepurchase,importation,transfer orgiftofhealth materialsorcquipmentrelatingtopersonswithdisability shall be cxemptedfrom importdutyandvalue added tax to the extentprovidedunderthetaxlaws.

(7)The Cabinct Secretary for the time being responsiblefor matters relating to finance shallin consultationwiththeCouncilmakeregulationstogive effecttothissection.

56.(1) The Cabinet Secretary responsible for matters related to finance may,on application by a parent or guardian of apersoncertifiedwith severe disability and incapable of catering for their basic necds,grant anincome tax exemption of Kshs150,000/=to the parent or guardian, if thepersonwithseveredisabilityisinthecare andcustody of the parent or guardian.

(2)The Cabinct Secretary responsible for matters related tosocial protection may on application of a parent or guardianwho isindigent and assumes full custody and care ofapersoncertifiedwithseveredisability andincapableof catering for their basic needs,grant a long-term social assistancemonthlycashtransferofnotlessthanKshs Exemptions for parents pue guardians.

10,0oo/=in accordancewiththeSocialAssistanceAct.

(3)The Cabinet Secrctary shall make regulations for theproper implementationof theprovisionsrelating to this section.

57. (1) Any donations,bequest, subsidy or financial aid whichmaybemade toinstitutions or organizationsinvolved inthe programmes of persons with disabilities and registeredwith theCouncil forthepurposes of this section shall, subject to the provision of Income Tax Act and any other law,and on recommendation by the Council,be allowed asdeductionsfor thepurposes of computing taxable income of theperson giving the donation.

(2) The Cabinet Secretary responsiblc for financc may inconsultationwiththeCouncilandsubjecttotheIncome Tax Act and any other law,provide incentives to local manufacturcrs of assistive devices used by persons with disabilities on raw materials, inputs and imported capital cquipment.

58.The Cabinet Secrctary responsiblc for matters relating to credit unions, co-operatives and other lending institutionsmayontheadviceoftheCouncil,fromtimeto time,developguidelines to ensure the cqual right of persons with disabilitics to havc equal access to bank loans, mortgagesandotherformsoffinancialcredit.

• 59.Any person who cmploys a person with disability and who incursreasonable expenses on account of
• (a)reasonableaccommodationof thecmploycewith disability;
• (b) modification of any part of the work place designed tomcet the necds of the cmployee with disability; or
• (c)mobility aids, assistive deviccs, adaptivc technology or other devices or cquipment, including computer software and computerized systems designed tomeet therequirements of the cmploycewith disability,

shallbeentitledtodeductionsof theexpenditure Incentives.

Accesstocredit.

Exemptionfrom taxableincome ofemployers of personswith disability.

incurred in the computation of their taxableincome.

60.(1) Pursuant to Article54(1)(e)of the Constitution thefollowingmaterials and devicesshall be cxemptedfrom postal charges chargcableby apublicpostal licensee—-

• (a) braille, printed or recorded literature, including any materials in tactile format,sent or reccived by postal mail from within or outside Kenya;
• (b) hearing aids, mobility aids and orthopedic devices designed for theuse by persons with disabilities andsentwithinoroutsideKenyaforthepurposeof repair or deliveryto-
• (i)persons with disabilities;or
• (i) a parent or guardian of a child with disability;
• (ii)dulyregisteredorganizationsoforfor persons with disabilities.
• (c)alltypesofassistivedevicesandadaptive technologyequipmentsentbyordeliveredtothe persons specified in paragraph (b).

(2) The exemptions under subsection (1) shall apply to itemsforpersonal orinstitutionalpurposesonlywherethe person orinstitutionisregisteredwith theCouncil.

(3)The Cabinet Secretary for the time being responsible for matters relating to communication shall, in consultation with the Council,makeregulations to give effect to this section.

(4) In this section, the term"public postal licensee"has themeaningassignedtoitundertheKenyaInformation and CommunicationsAct,No.2of1998.

Exemptionfrom postal charges.

No.2 of 1998.

PARTVI-OFFENCESANDPENALTIES

61. (l) Any person who willfully and without any lawfuljustificationtreatsapersonwithdisabilityinany manner resulting inthe contravention of Article 27(4) and (5)of the Constitution commits an offence and shall upon conviction,be liable to a fine not exceeding twomillion shillings orimprisonment not exceeding twoyears orboth.

(2)Thefollowing gactsoromissionsconstitute discrimination within themeaning of subsection(1)if the byreason of his or her disability of any of thefollowing--

• (a)public services or entry to public prcmiscs gcnerally accessible to membcrs of the public;
• (b) theright ofinheritancein accordancewith thelaw of succession;
• (C) health services including reproductive health services generallyacccssible tomcmbersof thc publicinaccordancewiththelawrelatingto health.
• (d) educational or other training services,gcnerally accessibletothepublic;
• (C) employmcnt orindenturedlearner-ship;
• ( the rightsguaranteedunder Article53 of the Constitution;
• (g) therightsguaranteedunder Article55of thc Constitution;
• (h) the rights of older persons guaranteed under Article57oftheConstitution;
• (i) the right to obtain,possess and utilize documents of registration or identification,including a certificate of birth, national identity card and passport;
• therighttorespectforpersonaldignityas guarantecd under article 28 of the constitution; and
• (k)reasonable accommodation.

(3)Nothinginthis sectionlimitstherightofaction ofa personwith disabilityfor compensation or other appropriate remedies in civil proceedings.

Discrimination contraryto Article27ofthe Constitution.

62. (1) Any person who treats persons with disabilities or does any of the acts specified in subsection (2) by reason ofsuchpersons'disabilityiscommits anoffence andshall, on conviction,be liable to a fine not exceeding one million shillings or toimprisonmentfor a termnotexceeding two years.

• (2)The acts referred toin subsection (1) include--
• a physicalviolence occasioning actual bodilyharm oranyformofphysical orpsychologicaltorture.
• b wrongfulconfinementordetentionwhetherin residentialpremises orin aninstitutionresultingin denyingofapersonwithdisabilitythe opportunities and services available under this Act or any otherlaw;
• harmful cultural practices and exploitation; or
• (d) any other form of cruel, inhuman and degrading treatment.

63. A parent, guardian, next of kin or a person in chargeofinstitutionofpersonswith disabiliticsshall not knowinglyconceal such person in such a manner as to deny anysuch apersontheopportunities and serviccs available underthisActoranyotherlaw.

64.(1) The national and county governments shall take such mcasures asit considersnecessary to eliminate harmfulpracticescommittedagainstapersonwith disability,including witchcraft,abandonment,concealment, ritual killings or the association of disabilitywith omens.

(2)A person who perpctrates a harmful practice against a person with disability is commits an offence and shall be liable, on conviction, to life imprisonment.

(3)A person who wilfully aids, abets or is an accessory to an offence in subsection (2),commits an offence and shall be liable, on conviction,to life imprisonment.

• 65.Any person who knowingly denies food or fluids

Denial of food and fluids.

Prohibition of abuse, exploitation or violence.

Concealment of Personswith Disabilities.

Harmful practices toapersonwithdisabilitywhoisunderhisorhercare or responsibilityoraidsorabetsinsuchdenialcommitsan offence andisliable onconviction to afinenotexcceding twohundred thousandshillings or toimprisonmentfora termnotexceedingoneyearortoboth.

66.Anypersonwhovoluntarilyorknowinglycommits orabets thedegradingtrcatmcntof apersonwithdisability representations or otherwise,commits an offence and is liable on conviction to afine not exceeding twohundred thousandshillingsor toimprisonmentfora termnot exceeding one year or to both.

67.(1) A health professional shall not discriminate againstpersonswithdisabilitiesin theobservance of ethical guidelines on informed consent and confidentiality while providing health care and other services to persons with disabilitics.

(2)Without prejudice to subsection (1), every health care professional shall when making impairment-specific interventions,take special care to provide complete informationtopersonswithdisabilitiesthroughacccssible modes,methods and formats.

(3)Anyhealthprofessionalwhocontravenesthe provisions of subsection(1) or (2) commits an offence and isliableonconvictiontoafinenotexceedingtwomillion shillings or toimprisonmentfor a termnotexceeding one year,orboth.

(4) Any persons who performs, conducts or directs any medicalproceduretobeperformedon a personwith disabilitywhichleadstoorislikelytoleadtoinfertility commitsanoffenceandisliableuponconvictiontoafineof three million shillings or toimprisonment for a term not exceedingfouryears orboth;

(5) Any person acting as a care-giver of a person with disability, whether as parent or guardian or in any othcr capacity,who does any act to facilitate, or negligently fails to prcvent such medical procedure from being performed, commits anoffence and isliableon conviction toafinenot excceding fivehundrcd thousandor toimprisonment for termnotexceedingoneyearorboth.

(6)The Cabinct Secretary responsible for matters relatingtohcalthshall,withinthreemonthsof thedateof Degrading treatmentofa Personwith disability.

Negligence by medical practitioners.

commencement of thisAct,developorreviewguidelineson medical practicc so as tobring them intoconformitywith theprovisions of thisAct.

68.(1) No person shall publish, circulate or display, or cause or permit to be published, circulated or displayed, any publication thatlowers or demeans thedignityof aperson withdisabilityorwhichamountstodiscrimination.

(2)For the purposes of subsection(1),"advertisement" includes all forms of publicity--

• (a)in newspapers, internet, television or radio;
• (b)by displaying notices, signs, labels, shows cards or goods;
• (c) by the circulation of samples, catalogues pricelists, leaflets,handbills or any other form of circular;
• (d) by exhibition of pictures, models, photographs, films or any otherform of exhibition.

(3)Any person who contravenes subsection (l) commitsanoffenceandshallonconvictionbeliableto imprisonmentfora termnotcxcccdingsixmonthsortoa fine not exceeding one million or to both such fine and imprisonment.

69.Any person who--

• (a)knowinglygives false information tothe Council for the purposeof bcingregistered or for the purpose of acquiring anyright or privilege due to persons so registered; or
• (b)fraudulently avails or attempts to avail or confers or attemptstoconfer anybenefitmeantfor persons withdisabilitiesona personnotentitled tosuch benefit,

Commitsanoffenceandshallbeliableonconviction to imprisonmentforatermnotexceedingsixmonths,or to both and anymonetarybenefitswronglyobtainedunder this sectionshallbereturnedtotheCouncilwithinterestat commercialrates.

70.A person who causes harm or death of a person Offensive Publications.

Givingfalse informationfor purposes of registration.

Torture and cruel treatment.

with disability through torture,cruel treatment, ritual killings or other harmful practices commits an offencc and shall beliable,on conviction,tolifeimprisonment.

71.Any person whofails to produce any book,account or other document or to furnish any statement,information or particulars which,under this Act or any order,regulation or direction made or given thereunder,he or she is duty bound to produce or furnish,or to answer any question put inpursuanceoftheprovisionsofthisActorofanyorder, regulation or dircction made or given thereunder,commits an offence andis liable onconviction to afinenot exceeding fiftythousand shillings or toimprisonmentfor a termnot excecding three months,or to both.

PARTVII-MISCELLANEOUS

72.It shall be the duty of the National and County Governmentstomakepublicroadsandhighwaysunder their respectivemandatesaccessibletopersonswith disabilitiesbyinteralia-

• (a) cquipping pedestrian crossings with traffic control signalscontrolledbyapedestrianpush-button system; and
• (b) providing pedestriantrafficlights withclcarly audible signals.

73. (1) A rcgistered owner of a public transport vehicle shall adjustthe vehicle to suitpersons with disabilities in such manner as maybe specifiedby the Councilin consultationwith therelevantgovernment agencies.

(2)Aregistercdownerofpublictransportvehiclewho improvcs or modifies it tomakeit accessiblefor persons withdisabilities shallbecntitledtoapplytotheCabinet Secretaryresponsibleforfinancefor twenty-fiveperccnt of the direct cost of the improvements and modifications.

(3)A registercdowner of apublic transport vehicle referred insubsection(2)shallpresentwith the application under that subscctionproofof modifications certified by the Council.

(4)For the purposes of this scction "Para transit services"mcans spccial transportation services forpersons withdisabilities.

Failure to furnish Information.

Protectionof road users with disabilities.

Public Service vehicles and Transport.

74.(1) No person shall, on the ground of disability alone, deny a person with disability-

• (a) admission into anypremises towhichmembers of thepublicareordinarilyadmitted;or
• (b) the provisionof anyservices or amenities to whichmembers of the public are entitled.

(2)Theproprietorofpremisesreferredtoinsubsection (1)(a) shall not have the right,on the ground of a person's disability alone,toreserve therightof admissiontohis or her premises against such a person.

(3)Apersonwith a disabilitywhois denied admission intoanypremises or theprovisionof anyserviceor amenity contrarytosubsection(1)shallbedeemed tohavesuffered an injury and shall have the right to recover damages in any court of competent jurisdiction.

Without prejudice to subsection (3),damagcs awarded underthatsubsectionshallberecoverable summarilyasacivil debt.

(5)The standards set outintheSecond Schedule shall apply with regard to accessibility for purposes of this Act.

75.A person shall not,provide goods, information or services,or make facilities available to the general public, withaviewtodiscriminatingagainstapersonwith disability on theground of thatperson'sdisabilityby-

• (a) refusing toprovide toa personwitha disability anyservicewhichheor sheprovidestoother members of the public; or
• (b) deliberately making it impossible or unreasonably difficultforpcrsonswith disabilities tomakeuse of the goods, information, service or facility.

76.Every person with disability shall, subject to the provisions of the Employment Act,be eligible for engagement as an apprentice or learner in their particular occupationfortheperiodforwhichheorsheishire.

77.(1) All government ministries, departments, Agencies and county public offices shallestablish la DisabilityMainstrcamingUnit for the purpose of- Denialof admissioninto premises.

Prohibition of discrimination relatingto goods,facilities andservices.

Apprenticeship Technical, vocational Training, Rehabilitation andSelfEmployment.

Disability Mainstreaming Units and Inspectors.

• (a) mainstreaming disabilityissues;
• (b) carrying outregularinspectionstoensure implementation 1andcompliancewiththe provisionsofthisAct;and
• (C) liaisingwith the Council on disabilitymatters.

(2) Each respective Ministry shall appoint an officer to head the Disability Mainstreaming Unit established under subsection(1).

(3) The officer appointed under subsection(2) shall submit annual reports to the Council outlining progress and compliancewith thisAct and anychallengesfaced.

(4)The Council shall appoint aninspcctorwho shall be empoweredtoinvestigateandrecommendprosecutionor other remedy against infringement ofthis Act.

(5) The inspector appointed under subsection (4) shall reporttotheCouncilortherelevantcommitteeofthe Council, any person or persons whose conduct is in violation of thisAct or anyregulationsmade under theAct.

78.(1) All media houses with television and radio shall dedicateatleastone-hourfreeairtimeeverymonthto cducatethepubliconissuesofdisability.

Awareness raising.

(2) The Council shall co-ordinate theproduction of at leastonecolumnintheprintmcdiacvcrymonth for purposes of subsection (1).

79. The National and county governmcnts shall put in Public placesuchmcasurestofacilitatetheparticipationofpersons participation. withdisabilityincultural,socialandcconomiclifeand in public affairs, in particular thosc affecting them through

• (a) targeted public participation; and
• (b) offering information in accessible form.

80. (l) The national and county governments shallConsultation betweenthe governments. basis of consultation and cooperation.

(2) The Council shall, in carrying out its functions under this Act,consult the council of county governors on anymatter that affects thefunctions andpowers ofcounty governments.

81. The National and county governments when constructingmarketsshallreservefivepercent of thestores forpersonswithdisabilities

82.The Director of Public Prosecutions may,pursuant to the provisions of the Criminal Procedure Code,appoint public prosecutors for purposes of this Act.

83.(l) Any person found guilty of an offence under thisAct for which nopenaltyis expresslyprovided shall be liabletoafinenotexcccdingfivehundredthousand shillings or imprisonment for a termnot exceeding two years, or both.

(2) Nothing in this Act shall be construed to preclude anaggrievedpersonfromseekingothercivilremedies.

84.(1) The Council may in consultation with the Cabinet Secretary, by notice in the Gazette, make regulationsgencrallyforthebetter carryingintoeffectofthe provisionsofthisAct.

(2) Without limiting the generality of Subsection (1), Regulations maybe made in respcct of the following-

• (a) forms prescribed under this Act;
• (b)fees tobe charged under this Act; and
• (c)adjustment orders.
• 85.The Persons with Disabilities Act, Cap. 133,is herebyrepcaled.
• 86.(1) Notwithstanding section 80—
• (a)aperson 1whoimmediatelybefore the commencementofthisAct,wasamemberofthe CouncilorExecutiveDirectorof theCouncil shall,at the commencement of this Act,be deemedtobeamemberorExecutiveDirectorof the Council under this Act as the case maybe,for

Markets.

Appointment of Public Prosecutors. Cap.75

General penalty.

Regulations.

Repeal of Personswith Disabilities Act Cap.133

Transitional and savings provisions.

theunexpiredperiod of hisorher term;

• (b) cverypersonwhoimmediatelybeforethe commencementofthisAct,was amemberofstaff oremployceof theCouncilnotundernoticeof dismissal shall,at the commencementofthisAct, be deemed to be an employee of the Council under this Act;
• anything done,anyregulation madc,dircctive or instructionissuedorotheradministrativemeasure taken or any contract entered into or any obligationincurredimmediatelybeforethe commencementofthisAct,shall remaininforce and shall be deemed to have becn made,issued, taken,entered into orincurred,asthecasemaybe, under this Act;
• (d)all assets and liabiliticswhichimmediatelybefore the commencement of thisActwerein place shall bedeemedtohavebcen carriedoutunder thisAct.
• (e)all actions, suits or legal proceedings by or against theCouncil subsistingimmediatelybeforethe commencement of this Act shall be carried out on, prosecuted by,or against the Council, and no such suits,actions orlegalprocecdingsshall abate or be affected by the coming into operation of this Act.
• (f) A direction, notice, order, permit or any other documentthatwasgranted,issucdormadeunder therepealedAct,andthatwasvalidimmediately before the coming into force of this Act, shall be given effect as if granted, issued or made under this Act.
• (2) Notwithstanding section 80,the National DevelopmentFundforPersonswith Disabilitiesestablishedinsection32ofthe Persons withDisabilitics Act,Cp.133,shall continuetobeadministeredbytheBoardof Trustees which was administering the Fund immediatelybeforethecommencemcntof this Act until the Fund is re-established by theCabinet Secretaryresponsiblefor mattersrelatingtofinancethrough regulationsmadeunder thePublicFinance ManagemcntAct,Cap.412A.
• (3) Without limiting the gencrality of paragraph (2), the regulations shall provide, among

other things, that-

• (a)there-establishedNationalDevelopment Fund forPersonswithDisabilities shall beusedforthebenefitofpersonswith disabilitics in Kenya; and
• (b)theadministration of the re-established NationalDevelopmentFundforPersons withDisabilitiesshallbevestedinthe Council.
• (4)In this section,"Board of Trustees"means the Board of Trustees appointed under section 34oftheofthePersonswithDisabilities Act,Cap.133.

FIRSTSCHEDULE

(s.43(5))

PROVISIONSASTOTHECONDUCTOFBUSINESSAND AFFAIRSOFTHECOUNCIL

1.The Council shall meet at least four times in everyyear, and notmore than threemonths shall pass betwcen onemeeting of the Council and thenext.

2. Notwithstanding paragraph (1) the Chairpcrson may, on his own motion and shall, upon request by a member,convene a special meeting of the Council at any timewhenhe orshe deems it cxpedient for the transaction of the business if the Council.

3.The chairperson may on his or her own motion,or upon request bya member,call a specialmeeting of theBoardof the Council atanytime,whereheor she considersit cxpedient for the transaction of thebusinessof the Council.

4.Except in the case of a special meeting, or unless three quarters of members agree,at least fourteen days'written notice of everymeeting of the Council shall begiven to cverymemberof the Council bythechiefexecutive officer.

5.The quorum at a meeting of the Council shall be at least two thirdsofthemembersoftheCouncil.

6.Thechairpersonshallpresideover allmeetingsoftheCouncil atwhichheorsheispresent,and intheabsencethechairperson,the vice chairperson shall preside and in the absence of both,the members of the Council present shall elect from amongst themselves, a person topresideover themeetingsoftheCouncil.

7.The decisions of the Council shall be decided byamajorityof themembers present andvoting,and in the event ofequality ofvotes, the chairperson or person presiding shall have a casting vote.

8.The proceedings of the Council shall not be invalidated by reasononlyofavacancyamong themembersora defectinthe appointmentorqualificationofamember.

9.Subject tothis Schedule,the Councilmaydetermineits own procedureand theprocedurefor anycommitteeof theBoardandfor attendanceofanyotherpersonsatthemeetingsandmaymake standingordersinrespectthereof

10.(1)Amemberof theCouncilwhohasadirectorindirect personalorpecuniaryinterestinamatterdecidedorunder considerationby the Council shall—

• (a)as soon as reasonably practicable,disclose,in writing,to the Council thefull and accuratedetailsoftheinterest;
• (b) notparticipatein anydiscussionby the Councilrelatingto that matter;
• (C) notvoteinrelationto thatmatter;and
• (d) be absent from the meeting room when any such discussion or votingis takingplace.

11.If amemberoftheCouncilmakesadisclosureofinterestand complies withrequirementsof subscction(l)inrespectof aproposed contract—

• (a) the contract shall not be voided; and
• (b)thememberisnot liabletoaccount totheentityfor anylosses thatmaybeincurred upon enteringinto the contract.

12.IfamemberoftheCouncilfailstomakeadisclosureofinterest of a proposed contract, the Council shall void the contract.

13.Where a member of the Council has or acquires a personal or pecuniaryinterest,or is or becomes theholder of an office,such that makesitreasonablyforeseeablethataconflictmightarisewithhisorher dutiesasmemberoftheBoardoftheCouncil,themembershallassoon as is reasonably practicable,disclose to the Council,in writing,of the full andaccuratenatureoftheinterest.

14.A disclosure under this schedule shall be recorded in theminutes oftheCouncil.

SECONDSCHEDULE

(s.30(9), 74(5)

Access to Public Buildings, Auxiliary aid, Sporting Venues and Public Facilitics

1.Thedesignstandardsissued under thisActbytheCouncil areused toensureaccesstothebuiltcnvironmcntforpersonswithdisabilities.The Standards apply nationwide, in addition to any applicable state or local codes,wherefacilities arenewlybuilt or altercd.

2. It shall be theresponsibility of all organs in a public or private institutiontoprovide

• (a)suitable entry and exits forpersons with disabilities;and
• (b)universal standards or designs of publicbuildings and places

3.Aproprietor of a publicbuilding shall adapt thepublicbuilding to suit persons with disabilities in suchmanner as shall be specified by the Council.

4.Wherenomodificationsarepossiblewherever practicable, assistiveservicesshallbemadeavailabletopersonswithdisabilitiesor reservation ofgoods and servicesfor usebypersonswith disabilities;

5. Facilities shall be provided to persons with disabilities at bus parks,railway stations,air and sea ports that mcet the accessibility standardsrelatinginteraliato--

• (a)parking spaces,toilets, ticketing counters,ticketing machines and cruise facilities;
• (b)provide access to all modes of transport that conform touniversal design standards;

6. Duty to provide access to buildings -—-

• (d)Any person,who constructs,a building to which the public is invited,shall ensure that pcrsons with disabilities have access throughprovision of-
• accessible and casy-to-find building entrances, connected byacccssiblepathways toaccessibleindoor or outdoor parking arcas,local public transit stops and accessible clevators;
• (ii) safe and accessible urinal, bathrooms for the diverse disabilities;
• (ii)safe and well-dimcnsioned staircases for the comfort of personswith mobility problems;
• (iv) ramps.wherever stairs obstruct thefrcepassage of pedestrians,mainly wheel chair users and people with mobility problems;

• V adequate railing around hazardous areas, stairs, ramps, accessible roofs, mezzanines,galleries, balconies and raised platforms;
• (vi)well-dimensioned elevators,(in the case of multi-storied buildings)thatpersonswithdisabilitiescanuse conveniently.

7.Anacccssibleelevatorshall-

• (a)serve all floors normally reached by the public;
• (b) have embossed numerals and tactilemarkings on the floor selectorbuttons tobe easilyidentifiablebytouch;and
• C) signalarrivalateachfloortoalertvisuallyimpairedandthe Deafpassengerssimultaneously

8.Where it is difficult or unfeasible toinstall a ramp or an elevator to an existing building,the owner of the building shall provideplatform lifts to provide accessibility.

I certify that this printed impression is a true copy of the Bill as passed by theSenate on21stFebruary,2024.

Endorsed for presentation totheNational Assemblyin accordance with the provisions of standing order 161 of theSenateStanding Orders.

SpeakeroftheS&nate