Parliament passes crucial bill to empower PWDs

The National Assembly has passed the Persons with Disabilities Bill, aimed at empowering and promoting the interests of people living with disabilities.

The bill which was approved Thursday 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 by nominated Senator, Crystal Asige was passed by the Senate on 21st February 2024 and it emphasises the human rights approach towards the realisation of persons with disabilities in Kenya and the societal responsibility to protect and promote them.

PWDs’ Rights

Some of the benefits are PWDs will have the right to employment and will not be disqualified or terminated based on their disability.

The Bill supports this by mandating employers to reserve at least five per cent (5%) of employment opportunities for PWDs. The Bill additionally proposes that employees with disabilities serve an additional five (5) years, beyond the normal retirement age prescribed by the government.

This translates to a retirement age of sixty-five (65) years for such employees with disability, as opposed to the current 60 years stipulated in the Act.

Secondly, persons with disabilities (PWDs) 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 prioritised by responding agencies through appropriate intervention mechanisms.

Additionally, PWDs will have the right to 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