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The Persons with Disabilities (Registration) Regulations

Legal Notice 64 of 2009

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The Persons with Disabilities (Registration) Regulations
Citation
Legal Notice 64 of 2009
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Persons with Disabilities Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

PERSONS WITH DISABILITIES ACT

THE PERSONS WITH DISABILITIES (REGISTRATION) REGULATIONS

LEGAL NOTICE 64 OF 2009

  • Published in Kenya Gazette Vol. CXI—No. 47 on 29 May 2009
  • Commenced on 29 May 2009
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Persons with Disabilities (Registration) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Act" means the Persons with Disabilities Act (Cap. 133);"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to persons with disabilities;"Council" means the National Council for Persons with Disabilities.

3. Application for registration

(1)An application for registration under section 7(1)(c) of the Act shall be made to the Council in Form 1 set out in the Schedule.
(2)In addition to the information required to be furnished in the prescribed form the applicant shall furnish such further information and material as may be required by the Council for the proper evaluation of the application.
(3)Any person who provides false information under this regulation commits an offence and is liable on conviction to a fine not exceeding six thousand shillings or to imprisonment for a term of six months.

4. Fees

(1)Subject to this regulation, no fee may be charged in respect of an application made under regulation 3.
(2)A fee of fifty shillings shall be payable for the issue of a duplicate copy of the certificate of registration if the original is defaced, damaged or lost and the duplicate copy so issued shall bear the words "DUPLICATE COPY".

5. Applications by individuals

(1)A person with a disability may apply to have his or her name and particulars entered in the register of persons with disabilities.
(2)An applicant under subregulation (1) may be required to attend such interview, medical examination and other assessment as the Council may consider necessary.
(3)Where the person with disability is a minor or is otherwise incapacitated or the extent or nature of the disability is such that personal application for registration by him or her is not possible, his or her guardian, custodian or caretaker, as the case may be, may submit the application for registration on behalf of the person with disability.
(4)The Council may, notwithstanding that no application has been made by a person under subregulations (1) or (3), on the application of any other person or on its own motion, if satisfied that it is in the best interests of a person with disability to be registered, and after affording the person with disability and any other interested or affected person an opportunity to be heard, register such person in the register of persons with disabilities.
(5)A person who is aggrieved by the decision of the Council to register him or her under subregulation (4) may apply to the High Court for an order to remove to the High Court and quash such decision.

6. Application by institutions

(1)Every institution applying to have its name entered in the register shall specify, in its application—
(a)the registered name and address of the institution;
(b)the number of employees in the institution;
(c)the number of persons with disabilities in the institution;
(d)the name, address and nature of disability of each person with disability in the institution or under its jurisdiction;
(e)the nature or description of any employment which the persons with disabilities under its care may be engaged in.
(2)The Council may require a representative of an applicant under this regulation to attend an interview and may visit and inspect the offices or premises of the applicant.
(3)The Council may notwithstanding that no application has been made by an institution under subregulations (1), on the application of any other person or on its own motion, if satisfied that it is in the best interests of persons with disability so to do, and after affording the institution and any other interested or affected person an opportunity to be heard, register such institution.
(4)The Council may visit and inspect the offices or premises of any organization or institution that holds itself out as being an organization of or for persons with disabilities, notwithstanding that the organization is not registered under these Regulations.

7. Issue of certificate of registration

(1)The Council shall consider an application made under regulation 4, and may make such enquiries as it may consider necessary and, where it is satisfied that the applicant has complied with the requirements of these Regulations, it shall register the applicant and issue a certificate of registration which shall be in Form 2 set out in the Schedule.
(2)If the Council is not satisfied as to the particulars provided by the applicant, it may, after providing an opportunity to the applicant to be heard, reject the application for registration of the applicant, and shall inform the applicant in writing of such rejection and the reasons for the rejection.

8. Duration, etc. of certificates of registration

(1)A certificate of registration issued under these Regulations shall, unless earlier suspended or revoked, be in force for a period of five years from the date of issue, and may thereafter be renewed for periods not exceeding five years at any one time.
(2)If an application for renewal is made before the expiration of the period of validity of the certificate of registration the certificate shall remain in force until the application is approved; except that where the application for renewal is made after the expiration of the period of validity of the certificate of registration the application shall be considered as a fresh application and the provisions of regulations 6 and 7 shall apply accordingly.

9. Suspension or revocation of certificate of registration

(1)The Council may, on the application of any person or on its own motion, revoke a certificate of registration issued under these Regulations or suspend it for such period as the Council may determine.
(2)The powers conferred by paragraph (1) shall not be exercised by the Council in respect of any certificate of registration except on one or more of the following grounds—
(a)that the matters stated in the application on which the certificate of registration was granted were false or incomplete in a material particular;
(b)that a provision of the certificate of registration has to a material extent been contravened by the holder of the certificate;
(c)that any condition existing at the time of the application and on the basis of which the certificate of registration was granted has materially changed; or
(d)that new information has been discovered by the Council which renders the applicant unregistrable under the Act.
(3)On the revocation of a certificate in respect of an institution, the Council may make such orders, for the safety and welfare of any person, as it may consider necessary and may direct that any person with disability who is resident in such institution on the date of such revocation, shall be—
(a)restored to the custody of his or her parent, spouse or lawful guardian as the case may be; or
(b)transferred to any other institution specified by the Council.

10. Appeal

(1)Any person who is aggrieved by a decision or order of the Council refusing to grant a certificate or revoking or suspending a certificate may, within thirty days from the date of the Order, appeal to the Cabinet Secretary against such decision or order.
(2)The decision of the Cabinet Secretary on an appeal under subregulation (1) shall be final.
(3)Where an appeal lies to the Cabinet Secretary under these Regulations against the order of the Council, the order of the Council shall, unless the Council or the Cabinet Secretary otherwise determines, come into effect—
(a)where no appeal has been lodged, immediately on the expiry of the period prescribed for the filing of an appeal; or
(b)where an appeal has been lodged, but the order of revocation has been upheld, from the date of the order on appeal.

11. Registers

(1)The Council shall establish and maintain separate registers for—
(a)persons with disabilities;
(b)institutions, associations and organizations of and for persons with disability, including those controlled and managed by the government and local authorities, that provide services for the rehabilitation and welfare of persons with disabilities;
(c)places at which services for the rehabilitation of persons with disabilities are provided; and
(d)persons with disabilities whose condition requires constant medical attention for the purposes of availing subsidized medical services.
(2)The Council may, at any time, delete the name of a person from the register where it is satisfied that—
(a)the name of the person has been entered by misrepresentation or through fraudulent means; or
(b)the person, if an individual, has ceased to be a person with a disability, or has died; or
(c)the person, if not an individual, has by law ceased to exist and shall inform the person concerned accordingly.
(3)Notwithstanding anything in these Regulations, the Council may on the application of a person with disability remove the name of a person from the register of persons with disabilities if it is satisfied that there are sufficient reasons to do so.

12. Offence to fraudulently obtain relief

(1)Any persons who fraudulently—
(a)obtains or applies or attempts to apply to obtain registration under these Regulations; or
(b)gives or omits to give any material information which he or she is required to give under these Regulations,
commits an offence and is liable on conviction to a fine of six thousand shillings or to imprisonment for a period of six months, or to both such fine and imprisonment.
(2)Any person who, being responsible for the management of an organization of or for persons with disability that is required to be registered under these Regulations, wilfully fails or refuses to apply for such registration, commits an offence and is liable upon conviction to a fine of six thousand shillings or to imprisonment for a period of six months, or to both such fine and imprisonment.

SCHEDULE

FORMS

FORM 1 (r. 3)
THE PERSONS WITH DISABILITIES (REGISTRATION) REGULATIONS
APPLICATION FOR REGISTRATION
(To be submitted in duplicate)
CONFIDENTIAL

PART I

The DirectorNational Council for Personswith DisabilitiesNAIROBIFor Official Use OnlyIndividual ................/Institution .........
Application No. ...................................
Date received ......................................
1.
(a)Name of applicant ...................................................................Marital status ........................................................................Date of Birth .........................................................................Physical address .....................................................................Postal address .......................................................................Telephone No ......................... Fax No. ...................................E-mail address ............................ Website ............................
(b)If applicant is not the same as the person with a disability, please state:Name of person with disability ...................................................Date of Birth .......................................................................Marital status ......................................................................Physical address ....................................................................Postal address ....................................................................Telephone No. ................................ Fax No. ...............................E-mail address .....................................................................Relationship with applicant (attach evidence) ...............................
2.
(a)Type of disability .................................................
(b)Brief description of disability ........................................
3.
(a)Employment history of person with disability ......................
(b)Present employer if any ....................................................
(c)Other source(s) of income ...................................................

PART II

(To be completed by institutions)

4.
(a)Registered name of Institution ...............................................
(b)Address of the institution ......................................................
(c)Number of employees in the institution ..................................
(d)Number of persons with disabilities in the institution .................
(e)Nature or description of services provided for persons with disabilities................................................................
Names, addresses and nature of disability of persons with disabilities for whom the institution is providing or has provided services (attach additional sheets of paper if necessary) ..........................................................

DECLARATION

I, the undersigned hereby declare that all the information contained in this application is correct to the best of my knowledge and belief.Name: ..........................................................
(Designation): ..........................................
Signature: ...................................................Date: ..........................................................

_________________________

FORM 2 (r. 7(1))
REPUBLIC OF KENYA
THE PERSONS WITH DISABILITIES (REGISTRATION) REGULATIONS
CERTIFICATE OF REGISTRATION OF PERSON WITH DISABILITY/INSTITUTION/PLACE OF OR FOR PERSONS WITH DISABILITY
Reg. Number ...............
It is hereby certified that the person/institution/place as described hereunder has been registered as a person with disability/institution/place of or for persons with disabilities.
1.Name of person/institution/place: .................................
2.Sex ........................................................................
3.Physical Address: ...................................................
4.Postal Address .........................................................
5.Nature of Disability .....................................................
6.Date of registration: ....................................................This certificate expires on the .................. day of .............. 20....................Issued ................................... Day of .............................
 Signature:................................................Director, National Council for Persons with Disabilities.
  
Signature: ....................................
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History of this document

31 December 2022 this version
29 May 2009
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