Related documents
- Is amended by 24th Annual Supplement
- Is amended by Finance Act, 2009
- Is commenced by Finance Act, 2009

LAWS OF KENYA
PERSONS WITH DISABILITIES ACT
CAP. 133
- Published in Kenya Gazette Vol. CVI—No. 7 on 16 January 2004
- Assented to on 31 December 2003
- There are multiple commencements
Provisions | Status |
---|---|
Part I (section 1–2); Part II (section 3–10); Part III, section 11–21, section 25–28; Part IV (section 29–31); Part V (section 32–34); Part VI, section 35(3)–(4), section 36–37; Part VII, section 38, section 41–44; Part VIII (section 45–49) | commenced on 16 June 2004 by Legal Notice 64 of 2004. |
Part III, section 22–24; Part VI, section 35(1)–(2); Part VII, section 39–40 | commenced on 1 January 2010 by Legal Notice 182 of 2009. |
Part II, section 4(1)(d)(i)–(ii), (2)(a)–(d) | not yet commenced. |
- [Amended by Finance Act, 2009 (Act No. 8 of 2009) on 1 January 2010]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2017 (Act No. 11 of 2017) on 4 May 2017]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Persons with Disabilities Act.[L.N. 64/2004, L.N. 182/2009.]2. Interpretation
In this Act, unless the context otherwise requires—"adjustment order" means an order made by the Council under section 24;"aged person" includes a person with a disability who has been forced into retirement from employment due to his disability;"assistive devices and services" means implements, tools and specialised services (including the services of qualified interpreters for the deaf and qualified teachers for the blind) provided to persons with disabilities to assist them in education, employment or other activities;"Council" means the National Council for Persons with Disabilities established by section 3;"disability" means a physical, sensory, mental or other impairment, including any visual, hearing, learning or physical incapability, which impacts adversely on social, economic or environmental participation;"discriminate" means to accord different treatment to different persons solely or mainly as a result of their disabilities and includes using words, gestures or caricatures that demean, scandalise or embarrass a person with a disability;"doctor" means a person registered or licensed as a medical practitioner under the Medical Practitioners and Dentists Act (Cap. 253);"Fund" means the National Development Fund for Persons with Disabilities established under section 32;"organizations for persons with disabilities" means associations or societies formed for the purposes of rendering services to persons with disabilities;"organizations of persons with disabilities" means associations or societies formed by persons with disabilities for their welfare and protection;"usual day-to-day activities" means the activities of daily living which an ordinary person would reasonably be expected to carry out.Part II – NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES
3. Establishment
4. Membership
5. Tenure of office
The Chairperson and members appointed under section 4(1)(d) shall hold office for a period not exceeding three years and shall be eligible for reappointment for a further term not exceeding two years.[Act No. 11 of 2017, Sch.]6. Director
7. Functions of the Council
8. Funds of the Council
The funds of the Council shall consist of the following—9. Annual accounts
10. Annual report
The Council shall prepare an annual report of its activities which shall be presented to the Cabinet Secretary and all other Government agencies involved in the work of the Council.Part III – RIGHTS AND THE PRIVILEGES OF PERSONS WITH DISABILITIES
11. Realisation of rights of persons with disabilities
The Government shall take steps to the maximum of its available resources with a view to achieving the full realization of the rights of persons with disabilities set out in this Part.12. Employment
13. Reservation of employment
The Council shall endeavour to secure the reservation of five per cent of all casual, emergency and contractual positions in employment in the public and private sectors for persons with disabilities.14. Apprenticeship
Subject to the provisions of the Employment Act (Cap. 226), persons with disabilities shall be eligible for engagement as apprentices or learners where their disability is not such as to impede their performance in particular occupations for periods for which they are hired.15. Discrimination by employers prohibited
16. Incentives to employers
17. Records for job placement
The Council shall establish and maintain a record of persons with disabilities who are in possession of various levels of skills and training and shall update such records regularly for the purposes of job placement.18. Education
19. Special and non-formal education
The Council shall work in consultation with the relevant agencies of Government to make provisions in all districts for an integrated system of special and non-formal education for persons with all forms of disabilities and the establishment where possible of Braille and recorded libraries for persons with visual disabilities.20. Health
The Council shall be represented in the implementation of the national health programme under the Ministry responsible for health for the purpose of—21. Accessibility and mobility
Persons with disabilities are entitled to a barrier-free and disability-friendly environment to enable them to have access to buildings, roads and other social amenities, and assistive devices and other equipment to promote their mobility.22. Public buildings
23. Public service vehicles
24. Adjustment orders
25. Denial of admission into premises, etc.
26. Offences - Adjustment orders and discrimination
27. Adjustment orders against Government institutions
28. Sports and recreation
Part IV – CIVIC RIGHTS
29. Voting
30. Polling stations
Polling stations shall be made accessible to persons with disabilities during elections, and such persons shall in addition be provided with the necessary devices and assistive devices and services to facilitate the exercise of this right under this section.31. Registration of organizations
Part V – NATIONAL DEVELOPMENT FUND FOR PERSONS WITH DISABILITIES
32. Establishment of the Fund
33. Sources of and Payments from Fund
34. Trustees to manage Fund
Part VI – RELIEF AND INCENTIVES
35. Exemptions
36. Incentives
37. Credit
It shall be the duty of the Cabinet Secretary responsible for matters relating to credit unions, co-operatives and other lending institutions to encourage the extension by such institutions of credit to persons with disabilities.Part VII – MISCELLANEOUS
38. Legal system
39. Television programmes
All television stations shall provide a sign language inset or subtitles in all newscasts and educational programmes, and in all programmes covering events of national significance.40. Telephone services
All persons providing public telephone services shall as far as possible install and maintain telephone devices or units for persons with hearing disabilities and tactile marks on telephone sets to enable persons with visual disabilities to communicate through the telephone system.41. Postal charge exemption
The following shall be exempt from postal charges—42. Exemptions and deductions - general requirements
43. Inspectorate units and Council inspectors
44. Regulations
The Cabinet Secretary may make regulations generally for the better carrying out of the provisions of this Act and, without limiting the generality of the foregoing, may make regulations—Part VIII – OFFENCES AND PENALTIES
45. Concealment of persons with disabilities
46. Negligence by doctor
47. Giving false information to get registered
A person is guilty of an offence if he knowingly gives false information to the Council for the purpose of being registered or for the purpose of acquiring any privilege due to persons so registered.48. General penalty
Any person found guilty of an offence under this Act for which no penalty is expressly provided shall be liable to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding one year, or both such fine and imprisonment.49. Request for legal action by Attorney-General
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
04 May 2017
01 January 2010
16 June 2004
Commenced by
Persons with Disabilities Act Commencement
16 January 2004
31 December 2003
Assented to
Cited documents 4
Act 4
1. | Societies Act | 383 citations |
2. | Public Health Act | 95 citations |
3. | Non-Governmental Organizations Co-ordination Act | 74 citations |
4. | Medical Practitioners and Dentists Act | 63 citations |
Documents citing this one 112
Judgment 64
Gazette 24
Bench Bulletin 9
Legal Notice 7
Bill 6
Act 2
1. | Land Control Act | 544 citations |
2. | Children Act | 48 citations |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Persons with Disabilities (Income Tax Deductions and Exemptions) Order | Legal Notice 36 of 2010 | 31 December 2022 |
The Persons with Disabilities (National Development Fund for Persons with Disabilities) (Conduct of Business and Affairs of the Board of Trustees) Regulations | Legal Notice 124 of 2009 | 31 December 2022 |
The Persons with Disabilities (Registration) Regulations | Legal Notice 64 of 2009 | 31 December 2022 |
The Persons with Disabilities (Cost, Care, Support and Maintenance) Regulations | Legal Notice 63 of 2009 | 31 December 2022 |
The Persons with Disabilities (Access to Employment, Services and Facilities) Regulations | Legal Notice 62 of 2009 | 31 December 2022 |