MPs approve Bill to enhance rights of persons with disabilities

The National Assembly has approved the Persons with Disabilities Bill (Senate Bill No. 7 of 2023), a legislative milestone aimed at enhancing the rights and welfare of persons with disabilities in Kenya.

Sponsored by Nominated Senator Crystal Asige and co-sponsored by Majority Leader Kimani Ichung’wah, the Bill seeks to give effect to Article 54 of the Constitution, which outlines the rights of persons with disabilities.

The legislation proposes a complete overhaul of the National Council for Persons with Disabilities, redefining its roles and powers.

It also introduces tax reliefs and other incentives to promote the inclusion and welfare of persons with disabilities. Key provisions include tax exemptions for materials and equipment imported for their use and relief for employers who make workplace accommodations for employees with disabilities.

Additionally, the Bill seeks to repeal the Persons with Disabilities Act of 2003 to ensure alignment with the Constitution and a human rights-based approach to disability inclusion. It highlights societal responsibility in protecting and promoting the rights of persons with disabilities.

One of the Bill’s notable features is the significant tax relief offered to parents and caregivers of children with disabilities. The proposed measure aims to ease the financial strain associated with the care, therapy, and medical needs of children with severe disabilities.

According to the Bill, “The Cabinet Secretary responsible for matters related to finance may, on application by a parent or guardian of a person certified with severe disability and incapable of catering for their basic needs, grant an income tax exemption of Sh150,000 to the parent or guardian.”

The legislation also acknowledges that families often experience income disruptions due to caregiving responsibilities. By reducing the financial burden, the Bill aims to improve the quality of life for families with children with disabilities.

Further provisions include monthly cash transfers of at least Sh10,000 for indigent parents or guardians caring for persons with severe disabilities.

The Bill states, “The Cabinet Secretary responsible for matters related to social protection may, on the application of a parent or guardian who is indigent and assumes full custody and care of a person certified with severe disability, grant long-term social assistance in accordance with the Social Assistance Act.”

To ensure access to these benefits, the Bill outlines a straightforward registration process for persons with disabilities. Applicants must visit a Level 3, 4, or 5 hospitals for an assessment, providing a medical report, X-rays, CT scans or MRI, a copy of their national ID, a passport-sized photo, and a payment of Sh600.

A medical team will then evaluate the applicant and prepare a Persons with Disabilities Medical Assessment Report (PWDMAR). The Director of Medical Services is required to issue a recommendation for registration within three months of receiving the report.

Applicants can then submit the PWDMAR to the National Council for Persons with Disabilities along with the required documents to obtain a personal disability registration card at no cost.

The passed Bill set to be enacted into law, introduces critical measures to ensure that persons with disabilities and their families receive the support they need while fostering a more inclusive society.