Kenya passes landmark legislation to enhance rights of persons with disabilities

Kenya passes landmark legislation to enhance rights of persons with disabilities

The Bill, which passed unanimously at all stages in Parliament, introduces several key provisions aimed at improving the quality of life for persons with disabilities and their families.

The National Assembly has passed the Persons with Disabilities Bill (Senate Bill No. 7 of 2023), a landmark piece of legislation that aims to enhance the rights and opportunities for persons living with disabilities in Kenya.

Sponsored by Nominated Senator Crystal Asige and co-sponsored by the Leader of the Majority Party, Kimani Ichung’wah, the Bill seeks to align Kenya’s laws with Article 54 of the Constitution, restructure the National Council for Persons with Disabilities, and establish a comprehensive framework for the protection and promotion of the rights of persons with disabilities.

Taking to her social media account, Senator Asige expressed her excitement, stating, “Ladies and gentlemen, boys and girls, on the 3rd of April, 2025, my Persons with Disabilities Bill finally passed to become an Act of Parliament. I’m really happy. I’m so excited. Congratulations to all of us, not just people’s abilities, but basically, everyone who has been behind this bill. Now we’re just waiting for the President to sign it into law, officially.”

The Bill, which passed unanimously at all stages in Parliament, introduces several key provisions aimed at improving the quality of life for persons with disabilities and their families.

Notably, it includes tax reliefs for employees with disabilities and exemptions for materials and equipment imported for their use. The Bill also offers tax incentives for donations and subsidies benefiting persons with disabilities and ensures that employers who make reasonable accommodations for employees with disabilities will benefit from tax exemptions.

The legislation also introduces tax relief for parents and caregivers of children with 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.”

Monthly cash transfers

The Bill also aims to provide monthly cash transfers of at least Sh10,000 to indigent parents or guardians caring for persons with severe disabilities. The government has pledged to reduce the financial strain placed on families by offering these financial aids.

Further provisions include the establishment of a simple registration process for persons with disabilities, which requires applicants to undergo a medical assessment at a Level 3, 4, or 5 hospital. They will need to provide medical reports, identification documents, and a payment of Sh600 to obtain a disability registration card, which will be issued free of charge once the assessment is approved.

The Bill also includes measures aimed at curbing exploitation. It introduces severe penalties for those who cause or encourage persons with disabilities to engage in begging, with fines of up to Sh2 million or imprisonment for up to two years.

Additionally, the Bill strengthens penalties for those who participate in the degrading treatment of persons with disabilities, including verbal abuse, increasing fines from Sh200,000 to Sh1 million.

The legislation imposes fines of up to Sh3 million on medical practitioners who conduct procedures leading to infertility in persons with disabilities, as well as fines for caregivers who fail to prevent such actions. The Bill also mandates that public transport vehicles be modified to accommodate persons with disabilities and offers financial relief to transport owners who make such adjustments.

With these provisions, the Bill is set to offer comprehensive support to persons with disabilities and their families, creating a more inclusive society.

The Bill is now awaiting the signature of President William Ruto to become law.

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