Explainer: Provisions in the newly passed Disabilities Bill

By Peter Ochieng

The National Assembly, in a historic moment on Thursday, January 16, 2025 passed the Persons with Disabilities Bill, (Senate Bill No. 7 of 2023).

The Bill was sponsored by nominated Senator Crystal Asige, and co-sponsored by Francis Kimani Ichung’wah, the Leader of the Majority in the National Assembly.

Here is a breakdown of what the Bill entails:  

1. Restructuring the National Council for Persons with Disabilities (NCPD)

The Bill strengthens the Council’s framework, empowering it to protect, promote, and monitor the rights of persons with disabilities.

Clause 35(A) mandates NCPWD to register accessibility auditors who will conduct audits to ensure accessibility is provided in buildings, streets, public services, transportation, and information.

2. Tax reliefs and exemptions

Tax relief for employees with disabilities.

The Bill also calls for exemptions on materials and equipment imported for use by persons with disabilities, while incentives for donations, subsidies, and bequests benefiting persons with disabilities will also be tax free if it is signed into law.

CIause 55 provides persons with permanent disabilities a lifetime income tax exemption certificate, with no requirement for renewal every five years, as is currently the case.

CIause 56 grants parents or guardians of registered persons with disabilities exemptions from taxable income.

3. Support for inclusive workspaces

It states that employers who make reasonable accommodations for employees with disabilities in their premises, will enjoy tax exemptions.

4. Modernized legal framework

The Bill repeals the outdated Persons with Disabilities Act of 2003, aligning the law with the human rights approach outlined in Article 54 of the Constitution.

This historic piece of legislation recognizes the societal responsibility to ensure persons with disabilities are included, empowered, and protected.

It lays the foundation for a future where all Kenyans can thrive, free from barriers and discrimination.

5. Retirement

Clause 21 (6) extends the retirement age for employees with disabilities to 65 years.

6. Healthcare accessibility

Clause 24 mandates health institutions to establish accessible disability desks, employ trained medical professionals for disability-specific care, and provide sign language-trained staff for deaf patients, ensuring healthcare accessibility.

7. ICT services

CIause 58 requires public and private institutions to ensure that all web-based, non-web-based, and hybrid products and services comply with the Kenya Accessibility Standard for ICT products and services.

8. Penalties

Clause 62 introduces penalties for discrimination against persons with disabilities, including a fine of up to Sh1 million or imprisonment for up to two years.

Clause 66A states that any individual who causes, procures, encourages, or solicits a child or an adult with disabilities to engage in begging or to accept alms commits an offense. Upon conviction, the person shall be liable to a fine not exceeding Sh5 million shillings, imprisonment for a term not exceeding five years, or both.

Clause 69 states that any person who knowingly provides fraudulent or misleading information, documentation, or statements in order to secure disability certificates/benefits under the Act commits an offense and, upon conviction, is liable to a fine, imprisonment, or both, ensuring the integrity of the registration process and preventing abuse of rights intended for persons with disabilities.

9. Transport

CIause 73 allows public transport owners who subsidize fares for persons with disabilities to receive tax deductions, and individuals with disabilities, upon medical certification, to operate public service vehicles.

The Bill is awaiting President William Ruto’s signature, before it becomes law.

About Senator Asige

She was not born blind. She started losing sight in her 20s due to glaucoma.

The award-winning singer and songwriter in a previous interview said after she became blind, she found solace, courage and powerful purpose through her music.

“When I lost control, and everything around me started to disappear, my voice remained. Glaucoma made me understand my ability to, and the importance of, standing alone. I think I was given this mountain to show others it can be moved,” she said.

"Glaucoma made me understand my ability to, and the importance of, standing alone. I think I was given this mountain to show others it can be moved."

In 2022, she was one of the keynote speakers at the One Young World Summit in Manchester, England, where youth leaders from more than 190 countries gathered to exchange ideas that inspire and empower them to build a fairer and more sustainable world.

She describes herself as a University of the West of England Bristol graduate, BBC-trained media professional, Amnesty International Kenya board member, YouTuber and creative business owner who happens to be blind.

She was nominated by the Orange Democratic Movement (ODM) to the 4th Senate in the 13th Parliament of Kenya, to represent persons with disabilities and special interest groups.

Senator Asige is the Secretary General of the Kenya Disabled Parliamentarians Association, and Chairperson for Persons with Disabilities in the Kenya Women Parliamentary Association.