The Persons With Disabilities (Amendment) Bill, 2023

SPECIALISSUE

Kenya Gazette Supplement No.245(National Assembly Bills No.77)

REPUBLICOFKENYA

KENYA GAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2023

NAIROBI,15thDecember,2023

CONTENT

| BillforIntroduction into the National Assembly- | PAGE | |----------------------------------------------------|--------| | The Persons with Disabilities(Amendment) Bill,2023 | 2185 |

THEPERSONSWITHDISABILITIES (AMENDMENT)BILL,2023

ABill for

AN ACT of Parllament to amend the Persons with Disabilities Act,2003 and for connected purposes

• ENACTED by the Parliament ofKenya,as follows-
• 1.This Act may be cited as the Persons with Short tile. Disabilities(Amendment)Act,2023.
• 2.The Persons with Disabilities Act,2003 (in this inserting the following new section immediately after
• section 11-

Reference to persons with disabiliies.

• 11A.(l)The Council shall develop a system that provides for the setting out of the specific disabilities in the recognition of persons with disabilities.
• (2)The Council shall use dignified language in the registration and certification ofpersons with disabilities.
• 3.Section 26 of the principal Act is amended-
• (a)by deleting the words "Adjustment orders and discrimination"appearing in the marginal note;
• (b)in subsection (l) by inserting the following new
• paragraph immediately after paragraph(e)-
• "(f)uses undignified,disrespectful or offensive names or language when referring to aperson
• with disabilities:and
• (c)in subsection (2) by deleting the words "twenty thousand"appearing immediately after the words "not exceeding"and substituting therefor the
• words"one million".

Insertion ofanew section in No.14 af2003.

Amendment of seetion26 ofNo, 14of2003.

MEMORANDUMOFOBJECTSANDREASONS

Statement of the Objects and Reasons for theBill

The principal objective of this Bill is to amend the provisions of the Persons with Disabilities Act,2003 to obligate the Council to specify the type of disability when recognising persons with disabilities in their system.

Further the amendment seeks to require the Council to use dignified language in the registration and certification ofpersons with disabilities and discourages the use of undignified,disrespectful or offensive names and language when referring to persons with disabilities.

The amendment also seeks to increase the fine imposed for contravening section 26(l) from twenty thousand shillings to one million shillings.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

The Bill does not delegate legislative powers nor does it limit fundamental rights and freedoms.

Statement on whether the Bill concerns County Governments

The Bill does not concem county governments in terms of Article

1l0(l)(a)ofthe Constitution.

Statement that the Bill is not a money Bill within the meaning of Article 114of the Constitution

This Bill is a money Bill within the meaning of Article ll4 of the

Constitution.

Dated the28thNovember,2023.

Section11ofNo.14of2003whichit isproposed to amend-

11.Realisation of rights ofpersons with disabilities

The Govermment shall take steps to the maximum of its available resources with a view to achieving the full realization of the rights of persons with disabilities set out in thisPart.

Section26ofNo.14of2003whichitnisproposed toamend-

• 26.Offences-Adjustment orders and discrimination
• (1)A person isguilty of an offence if he-
• (a)fails to comply with an adjustment order served under section 24;
• (b)contravenes section 12(1) or discriminates against a person contrary to section12:
• (c)discriminates against a person contrary to section 15(1):
• (d)contravenes section 25(1) or discriminates against a person contrary to section 25;or
• (e)on the ground of any ethnic,communal,cultural or religious custom or practice,discriminates againsta personwith a disability.
• (2)Aperson who is convicted ofan offence under subsection (l)is liable to a fine not exceeding twenty thousand shillingsor to imprisonment for a term not exceeding one year or to both such fine and imprisonment.
• (3)A person found guilty of an offence under this section may in addition to the penalty imposed by the Court be ordered to pay the person injured by the offence such sums of money in compensation as the Court may deem appropriate.