Dr.Edris NOmondi (Advocate)
In a poignant personal experience, I recall a time when I took my mother, suffering from an amoebic dysentery infection, to a hospital here in Kisumu. After her condition deteriorated and she lost a significant amount of water, she was admitted to receive drip medication. The next morning, we were horrified to discover that her active hand, had turned pale black, and had lost all feeling. It was a traumatic experience for the family, especially compounded by the realization that hospital negligence had indeed led to the loss of her fingers. This first-hand encounter with medical negligence deeply underscored the vulnerability we all can be susceptible to.
Anyone can be disabled:
The 2024 road carnage statistics have shown that approximately 4500 people lost their lives last year, thousands more suffered a form of disability-a reality check- that any of us can suddenly become a disability victim.
The tabling of the Bill:
This personal story resonates well, with the ongoing fight for the rights and welfare of people with disabilities. One notable champion of this cause is a Kenyan nominated Senator, one Crystal Asige, who has achieved a monumental stride for this nation, especially the country’s disabled community.
Allow me to paint an imaginary journey from Senator Asige’s perspective-she first tabled the Persons with Disabilities Bill on 22nd March 2023, before the Senate, got drowned into the august house debate that convinced the Senate to pass the Bill in February of 2024. A year later, the march awaited news rang her door bell-January 16th 2025, and yes, The National Assembly had approved the Bill into Law. With tears of joys that filled her eyes, her sojourn had finally culminated a journey worth the senate. Today, Kenyans of all walk of life, alive to her efforts- celebrate her. Her nomination is worth her representation-a significant historic memoir, that has aligned the rights of persons with disabilities within the constitutional guarantees, especially under Article 54 of our Constitution.
Progressive Constitutional Gains for Persons with Disabilities
It is significant to note that, The Persons with Disabilities Bill, 2023, did outdate, The Person with Disabilities Act, 2003, which had since been in place from June 16, 2004. The take away here is that, the amendments did realign with the 2010 Constitution of Kenya. There is no doubt that the amendments introduced several progressive measures aimed at improving the lives of disabled individuals across Kenya, particularly through greater accessibility, healthcare provisions, and employment protections.
One of the core provisions of the amendments was the reorganization of the National Council for Persons with Disabilities (NCPWD). This restructuring focuses on decentralizing the Council’s operations to enable it, better serve individuals at the grassroots level, specifically by involving county governments as the key implementors of National Government policies on disability and disability programs. This move is crucial for ensuring that disabled persons are not left behind, especially those in remote areas who have previously struggled with limited access to services.
International Win-Comparisons and Benefits
When comparing the Amendments with international standards, the law holds up well in many ways. Countries like the United States have long had legal frameworks, such as the Americans with Disabilities Act (ADA), which ensures accessibility and inclusion for persons with disabilities. Similarly, the United Kingdom’s Equality Act of 2010 provides comprehensive protections for individuals with disabilities, including workplace accommodations and public service access. The Kenyan law draws from these international frameworks, making strides to align with global standards for the protection and inclusion of persons with disabilities.
Additionally, the World Health Organization (WHO) and the United Nations (UN) have long advocated for the rights of persons with disabilities, pushing for laws and policies that promote their social inclusion and equitable participation in society. Kenya’s legislation aligns with these global standards by emphasizing accessibility, healthcare, and education are now within the required parameters on the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the Universal Declaration of Human Rights.
Some Key Features and Benefits of the Law:
Free Medical Care
Persons with disabilities will be entitled to free medical care and treatment at public health institutions. This provision is particularly significant as it addresses the financial burden that many disabled persons face in accessing necessary healthcare. Section 24(5) of the legislation guarantees this fundamental right.
Family Unity
The law also stresses the importance of family unity, with Section 8(3) ensuring that no person with a disability will be separated from their child on the grounds of their disability. This provision helps challenge outdated stereotypes and highlights that disability should never be a barrier to family cohesion.
Retirement Age
Another important feature of the legislation is that employees with disabilities will now be allowed to retire at the age of 65, as outlined in Section 21(6). This opportunity creates economic participation and stability.
Healthcare Accessibility
Section 24 requires hospitals to establish accessible disability desks, ensuring that persons with disabilities can easily access the services they need, with healthcare professionals undergoing specialized training to provide adequate care for individuals with disabilities, and staff trained in sign language will be available to assist deaf patients.
Improved Accessibility Standards
One of the most important measures in the legislation is the registration of accessibility auditors, who will be tasked with ensuring that buildings, transport systems, and public services are accessible. This will ensure that people with disabilities are not excluded from participating in everyday societal activities, as outlined in Section 35(A)
Tax deductions
- For every private employer who engages a person with a disability as a regular employee shall be entitled to apply for a deduction from its taxable income equivalent to 25% of the total amount paid as salary to such employee. (Section 23(1)
- For Every improvement made by a private employer to a physical facility, they shall be entitled to apply for additional deductions from its net taxable income equivalent to 50% of the direct costs of the improvements, modifications or special services. Section 23(2)
Conclusion:
The benefits above is but a mention of only many great provisions. The passage of this law marks, a significant leap towards inclusivity and equality for people living with disabilities in Kenya. The law provides new opportunities for County Governments to realign their county disability legislations with the new developments. Of significance at this moment and time, is the incorporation of relevant bodies like the Council of Governors, the Kenya Law Reforms and other relevant government agencies to work together towards coming up with implementable formidable, practical regulations, that will operationalize the letters of the legislation into law.
