Hon. Dr. Bishop Mutemi of the Global Vision Church* has welcomed the unprecedented move by the National Assembly in passing the Persons with Disabilities Bill, aimed at empowering and promoting the interests of people with disabilities.
The bill approved on Thursday 16th Jan. 2025 repeals the Persons with Disabilities Act which has been in place since 16th June 2004. It further gives effect to Article 54 of the Constitution, paving the way for the restructuring of the National Council for Persons with Disabilities (NCPD).
It also provides an institutional framework for the protection, promotion and monitoring of the rights of persons with disabilities (PWDs). The Bill, introduced by nominated Senator Crystal Asige, was passed by the Senate on 21st February 2024. It emphasizes a human rights-based approach to the empowerment and inclusion of persons with disabilities in Kenya, highlighting society’s responsibility to protect and promote their rights.
PWDs’ Rights One of the key benefits is that persons with disabilities (PWDs) will have the right to employment and cannot be disqualified or terminated from their jobs on the basis of their disability. The Bill supports this by mandating employers to reserve at least five percent (5%) of employment opportunities for PWDs. They will also be allowed to serve an additional five years, beyond the normal retirement age prescribed by the government.
This translates to a retirement age of 65 years for such employees with disability, as opposed to the current 60 years stipulated in the Act. Secondly, they will have the right to protection in all high-risk situations, including armed conflicts, humanitarian emergencies and natural disasters.
All institutions are required to collect and share data related to PWDs with agencies responsible for disaster management. In emergency situations, PWDs must be prioritized by responding agencies through appropriate intervention mechanisms.
Additionally, PWDs will enjoy equal access to justice. This will be facilitated by exempting them from court fees and providing services such as braille materials and sign language interpreters when they attend court. Every PWD will have the right to obtain registration documents.