The Persons with Disabilities (Amendment) Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
New Specificity System for Disabilities
Inserts a new section 11A(1) requiring the Council to develop a system that provides for the setting out of specific disabilities in the recognition of persons with disabilities.
Dignified Language Mandated in Registration
Under the proposed section 11A(2), the Council must use dignified language during the registration and certification of persons with disabilities.
Disrespectful Language Made an Offence
Amends section 26(1) of the Act to introduce a new offence under paragraph (f) for anyone who uses undignified, disrespectful, or offensive names or language when referring to a person with disabilities.
Fines Raised to One Million Shillings
Amends section 26(2) to increase the maximum financial penalty for discrimination and other offenses under section 26 from twenty thousand shillings to an amount not exceeding one million shillings.
Bill No.
No. 77 of 2023
Gazette No.
Supplement No. 245 of 2023
Sponsor
Wanjiku Muhia
Background
The Persons with Disabilities (Amendment) Bill, 2023 seeks to amend the principal Persons with Disabilities Act, 2003 (No. 14 of 2003). The principal objective of the amendments is to address the classification and recognition of specific disabilities, enforce the use of dignified language in official procedures, and substantially strengthen the penal framework for discriminatory actions or disrespectful treatment of persons with disabilities.
Key Amendments
System for Specific Disabilities
The Bill introduces a new Section 11A(1) which mandates that the Council develop a system to specifically set out and recognize distinct categories of disabilities, moving away from generalized classifications.
Mandate for Dignified Language
Section 11A(2) requires the Council to explicitly employ dignified language during the registration and certification processes of persons with disabilities.
Prohibition of Disrespectful Language
Section 26(1) is amended by adding a new paragraph (f), making it an offence to use undignified, disrespectful, or offensive names or language when referring to a person with disabilities.
Penalties
Increased Fines for Discrimination and Abuse
The Bill dramatically increases the financial penalties under Section 26(2) for individuals convicted of discrimination, failure to comply with adjustment orders, or the newly added offence of using offensive language. The fine is raised from a maximum of twenty thousand shillings to a maximum not exceeding one million shillings (KSh 1,000,000). The alternative or concurrent penalty of imprisonment for a term not exceeding one year remains unchanged.
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