NAIROBI, Kenya – The National Assembly has passed the Persons with Disabilities Bill (Senate Bill No. 7 of 2023), a significant step forward in enhancing the rights and opportunities for persons living with disabilities in Kenya.
Sponsored by Nominated Senator Crystal Asige and co-sponsored by Leader of the Majority Party, Kimani Ichung’wah, the Bill aligns Kenya’s laws with Article 54 of the Constitution and seeks to restructure the National Council for Persons with Disabilities.
It also establishes a comprehensive framework for the protection and promotion of the rights of persons with disabilities.
Key Provisions
The Bill introduces several important provisions aimed at improving the quality of life for persons with disabilities and their families.
One of the most notable provisions is the introduction of tax reliefs for employees with disabilities, along with exemptions for materials and equipment imported for their use.
The Bill also provides tax incentives for donations and subsidies benefiting persons with disabilities, and ensures that employers making reasonable accommodations for employees with disabilities will benefit from tax exemptions.
Furthermore, the Bill includes tax relief for parents and caregivers of children with disabilities.
According to the Bill, the Cabinet Secretary responsible for matters related to finance may grant an income tax exemption of Sh150,000 to parents or guardians of persons with severe disabilities who are unable to meet their basic needs.
Monthly Cash Transfers and Registration Process
A crucial element of the Bill is the provision for monthly cash transfers of at least Sh10,000 to indigent parents or guardians caring for persons with severe disabilities.
This initiative aims to reduce the financial burden on families and improve the well-being of those living with disabilities.
The Bill also introduces a simplified registration process for persons with disabilities.
Applicants will undergo a medical assessment at a Level 3, 4, or 5 hospital and provide necessary documentation, including medical reports and identification, with a fee of Sh600 for the disability registration card, which will be issued free of charge upon approval.
Curbing Exploitation and Enhancing Penalties
To protect persons with disabilities from exploitation, the Bill introduces stringent penalties for those who encourage or cause them to beg, with fines of up to Sh2 million or imprisonment for up to two years.
It also strengthens penalties for those engaging in verbal abuse or degrading treatment of persons with disabilities, with fines increasing from Sh200,000 to Sh1 million.
The Bill imposes fines of up to Sh3 million on medical practitioners who conduct procedures leading to infertility in persons with disabilities.
Additionally, caregivers who fail to prevent such actions will face similar fines.
Another significant provision is the requirement for public transport vehicles to be modified to accommodate persons with disabilities, with financial relief for transport owners making such adjustments.
The Bill is now awaiting the signature of President William Ruto to become law, marking a major milestone in Kenya’s efforts to build a more inclusive society for persons with disabilities.
