The Persons with Disabilities Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Mandatory Employment Quota and Incentives
Under Section 19, public and private employers are required to reserve at least 5% of direct employment opportunities for qualified persons with disabilities. To support this mandate, Section 21 allows private employers to apply for a tax deduction equivalent to 25% of the total amount paid as salary and wages to such employees, as well as a 50% deduction of the direct costs incurred to modify work premises for accessibility.
KSh 10 Million Fine for Negligence Causing Disability
Section 64 establishes severe penalties for medical malpractice and negligence. A person who is not a registered doctor or medical practitioner, but whose negligence or deliberate acts cause a disability to another person, commits an offence carrying a fine not exceeding KSh 10 million or imprisonment for up to 5 years. Certified health professionals who violate ethical guidelines on informed consent and confidentiality face fines up to KSh 2 million or up to 1 year of imprisonment.
Accessibility Audits and KSh 5 Million Fines
Section 27 and the Second Schedule mandate barrier-free environments in public buildings, roads, and public transport. The National Council can conduct accessibility audits and issue "adjustment orders" (Section 28) requiring owners of inaccessible premises to make structural modifications at their own expense. Failure to comply with an adjustment order is an offence carrying a fine of up to KSh 5 million or imprisonment up to 5 years.
Criminalising Discrimination and Abuse
The Bill introduces heavy penalties to protect the dignity of persons with disabilities. Willfully discriminating against a person with a disability in public services, inheritance, education, or employment is punishable by a fine of up to KSh 2 million or up to 2 years in prison (Section 59). Subjecting a person with a disability to abuse, exploitation, or physical violence carries a fine of up to KSh 1 million or imprisonment for up to 2 years (Section 60).
Bill No.
No. 26 of 2023
Gazette No.
Supplement No. 84 of 2023
Sponsor
Kimani Ichung'wah
Background
The Persons with Disabilities Bill, 2023 seeks to repeal and replace the Persons with Disabilities Act (No. 14 of 2003). The primary objective is to align Kenya's national disability laws with the human rights principles enshrined in Article 54 of the Constitution of Kenya, 2010. The Bill restructures the National Council for Persons with Disabilities to improve its capacity to protect, promote, and monitor the rights of persons with disabilities across both national and county levels.
Key Amendments
- Repeal of the 2003 Act: The Bill fully repeals Act No. 14 of 2003, replacing it with updated provisions on legal capacity, equality, and structural accessibility.
- Restructuring the National Council: Establishes the Council as a body corporate with perpetual succession, tasked with advising governments, enforcing accessibility, issuing adjustment orders, and maintaining a national register of persons with disabilities (Sections 33 & 35).
- County Government Integration: Section 58 directs county governments to establish institutional frameworks and county offices to implement the Council's functions and ensure inclusive development.
New Obligations
- Employment Quotas: Public and private employers must reserve at least 5% of direct employment positions for qualified persons with disabilities (Section 19).
- Workplace Modifications: Employers must carry out appropriate modifications in their work premises to accommodate employees with disabilities (Section 19(2)(e)).
- Public Accessibility: Public transport operators, telecommunications providers, and owners of public buildings must adapt their facilities and services to accommodate persons with disabilities (Section 27 & Second Schedule).
- Education and Healthcare: Learning institutions and health facilities must provide inclusive environments, specialized assessment centers, and free medical assessment reports for registration purposes (Sections 18 & 22).
- Sign Language Services: Public television stations and national referral hospitals must employ at least two Kenya Sign Language interpreters (Sections 22(7) & 24(6)).
Penalties
- Medical Negligence (Section 64): Up to KSh 10 million fine or 5 years' imprisonment for non-doctors causing a disability through negligence or deliberate acts; up to KSh 2 million or 1 year's imprisonment for health professionals violating ethical guidelines.
- Violation of Adjustment Orders (Section 28): Failure to comply with a structural adjustment order carries a fine up to KSh 5 million, imprisonment for up to 5 years, or both.
- Discrimination (Section 59): Discriminating against a person in employment, education, or public service access carries a fine up to KSh 2 million or up to 2 years' imprisonment.
- Abuse and Violence (Section 60): Subjecting a person with a disability to physical violence, psychological torture, or exploitation carries a fine up to KSh 1 million, up to 2 years' imprisonment, or both.
- General Penalty (Section 78): For offences where no specific penalty is provided, the penalty is a fine up to KSh 500,000 or up to 2 years' imprisonment.
Transitional Provisions
- Council Transition: Current members and staff of the existing Council remain in office for their unexpired terms or transition into the restructured Council (Section 81).
- Assets and Liabilities: All assets, liabilities, and ongoing legal proceedings of the former Council are transferred to the new Council.
- National Development Fund: The National Development Fund for Persons with Disabilities transitions to be operationalized in accordance with the Public Finance Management Act, 2012 (Section 81(f)).
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