Persons with Disabilities Act — Esheria

Statute

Persons with Disabilities Act

Act No. 4 of 2025 Country: Kenya As of: 27 May 2025 Status: In force Sections: 89
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Section 1

PRELIMINARY - 1. Short title

Part I: PRELIMINARY

Section 1. Short title Section This Act may be cited as the Persons with Disabilities Act, 2025.

Section 2

PRELIMINARY - 2. Interpretation

Part I: PRELIMINARY

Section 2. Interpretation Section In this Act— “adjustment order” means an order made by the Council under section 31 of this Act; “assistive devices” includes implements, tools, equipment, taped texts, audio, visual and pictorial recording, Braille equipment and materials, tactile equipment, orthopaedic appliances, software and other devices and machines for persons with disabilities for their socio-cultural, economic, civil, political wellbeing of persons with disabilities ; “building” means any structure or erection and any part of any structure or erection of any kind whatsoever whether permanent, temporary or movable, and whether completed or uncompleted; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to persons with disabilities ; “communication” includes languages, display of text, Braille, tactile communication, signs, large print, accessible multimedia and written, audio, plain-language, easy to read, pictorial, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology; “Council” means the National Council for Persons with Disabi...

Section 3

PRELIMINARY - 3. Guiding Values and Principles

Part I: PRELIMINARY

Section 3. Guiding Values and Principles Section 3(c) full and effective participation and inclusion in society; Section 3(d) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; Section 3(e) equality of opportunity; Section 3(f) accessibility; Section 3(g) access to information; Section 3(h) equality between men and women; and Section 3(i) respect for the evolving capacities of children with disability and respect for the right of children with disability to preserve their identities.

Section 4

OBLIGATIONS OF THE NATIONAL AND COUNTY GOVERNMENTS - 4. Obligations of the National government

Part II: OBLIGATIONS OF THE NATIONAL AND COUNTY GOVERNMENTS

Section 4. Obligations of the National government Section develop policies on the protection and promotion of the rights of persons with disability ;

Section 5

OBLIGATIONS OF THE NATIONAL AND COUNTY GOVERNMENTS - 5. Obligations of county governments

Part II: OBLIGATIONS OF THE NATIONAL AND COUNTY GOVERNMENTS

Section 5. Obligations of county governments Section 5(1)(a) implement national policies for the protection and promotion of the rights of persons with disability ; Section 5(1)(b) allocate adequate resources to programmes specifically targeting persons with disability ; Section 5(1)(c) ensure access to free and compulsory pre-primary education and other social amenities to every child with disability ; Section 5(1)(d) coordinate and disseminate information on government sponsored and non-government sponsored programmes targeting persons with disability within the respective counties; Section 5(1)(e) promote the inclusion of persons with disability in the county public service by putting in place measures to ensure that at least five per centum of the employment positions are filled by persons with disability ; Section 5(1)(f) adopt affirmative action in procurement of county government goods and services by implementing preferential procurement for individuals or entities established or managed by persons with disability ; and Section 5(1)(g) ensure inclusion of persons with disability in all mainstream programs and interventions. Section 5(2)(a) advise the respective county gover...

Section 6

RIGHTS OF PERSONS WITH DISABILITIES - 6. Right to Equality and Non Discrimination

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 6. Right to Equality and Non Discrimination Section 6(1)(a) equal before the law in the social, cultural, economic, political, or any other field of life and is guaranteed to equal protection, equal benefit of the law and to effective legal protection against discrimination on all grounds; Section 6(1)(b) entitled to the full and equal enjoyment of the goods, services, facilities, or accommodations on an equal basis with others. Section 6(2) Pursuant to subsection (1) , specific measures , including support services which are necessary to accelerate or achieve equality and eliminate discrimination against persons with disability shall not be considered discrimination.

Section 7

RIGHTS OF PERSONS WITH DISABILITIES - 7. Right to Legal Capacity

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 7. Right to Legal Capacity Section 7(1) Persons with disability have the right to recognition everywhere as persons before the law, and to enjoy legal capacity on an equal basis with others in all aspects of life. Section 7(2) Persons with disability are entitled to such support services as they may require in exercising their right to legal capacity . Section 7(3) Every person with disability has a right to own and inherit property, to control their own financial affairs and to have access to savings and loan facilities, mortgages and other forms of financial credit on an equal basis with others.

Section 8

RIGHTS OF PERSONS WITH DISABILITIES - 8. Right to marry and form a family

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 8. Right to marry and form a family Section 8(1) Every adult person with disability has the right to marry a person of the opposite sex and form a family based on free and full consent. Section 8(2) Every person with disability has the right to control his or her sexual and reproductive health. Section 8(3) No person with disability shall be separated from his or her child on the ground of disability . Section 8(4) Every person with disability shall at marriage, during marriage and at the dissolution of marriage be entitled to protection of his or her property acquired at marriage, during marriage and dissolution of marriage.

Section 9

RIGHTS OF PERSONS WITH DISABILITIES - 9. Right to Privacy

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 9. Right to Privacy Section 9(1) Every person with disability has a right to privacy and shall not be subjected to arbitrary interference and intrusion into his or her privacy, family, home or correspondence or other types of communication . Section 9(2) Every public or private institution shall protect confidential information relating to personal health and habilitation and rehabilitation services for persons with disabilities with dignity and such information shall not be shared without express authority of the person with disability concerned.

Section 10

RIGHTS OF PERSONS WITH DISABILITIES - 10. Women with Disability

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 10. Women with Disability Section participate in social, economic and political decision-making and other related activities;

Section 11

RIGHTS OF PERSONS WITH DISABILITIES - 11. Children with Disability

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 11. Children with Disability Section 11(1)(a) a name and registration immediately after birth; Section 11(1)(b) evolving capacities, identities and to enjoy a full and decent life, in conditions which promote and ensure dignity, self-reliance, and independence; Section 11(1)(c) freedom to express his or her views on all matters affecting him or her; Section 11(1)(d) age and gender appropriate assistance to realize his or her rights; Section 11(1)(e) living with his or her family for as long as is necessary; Section 11(1)(f) accessing quality and inclusive education ; Section 11(1)(g) accessing appropriate health care services; and Section 11(1)(h) protection from abuse, exploitation and harmful practices . Section 11(2) In all actions concerning children with disabilities, the best interest of the child shall be the primary consideration and shall be of paramount importance.

Section 12

RIGHTS OF PERSONS WITH DISABILITIES - 12. Youth with Disability

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 12. Youth with Disability Section 12(1) Every person with disability who is a youth is entitled to enjoyment of human rights and fundamental freedoms on an equal basis with other youth. Section 12(2)(a) promoting full, inclusive and accessible education, training and employment and programmes for youth with disability ; Section 12(2)(b) promoting the inclusion of youth with disability in mainstream youth organizations and programmes; Section 12(2)(c) removing barriers that hinder or discriminate against the participation of youth with disability in society; Section 12(2)(d) promoting training and access to Information, Communication and Technology especially for youth with disability in rural areas; Section 12(2)(e) developing programmes to overcome social and economic isolation, and removing systemic barriers in the labour market for youth with disabilities; Section 12(2)(f) ensuring access to credit facilities for youth with disability ; Section 12(2)(g) developing and implementing specific measures to facilitate full and equal participation of youth with disabilities in training, sports, culture, science and technology; and Section 12(2)(h) ensuring that youth with disab...

Section 13

RIGHTS OF PERSONS WITH DISABILITIES - 13. Older members of Society with disabilities

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 13. Older members of Society with disabilities Section access social protection programmes;

Section 14

RIGHTS OF PERSONS WITH DISABILITIES - 14. Right to documents of registration or identification

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 14. Right to documents of registration or identification Section 14(1) Every person with disability has a right to be issued with a certificate of birth, national identification card, passport, disability identification card and any other document of registration or identification free of charge. Section 14(2) No person with disability shall be deprived, on the basis of disability , of his or her ability to obtain, possess and utilize documentation of his or her nationality or other documentation of identification, or to utilize relevant processes, that may be needed to facilitate exercise of other rights.

Section 15

RIGHTS OF PERSONS WITH DISABILITIES - 15. Right to physical and mental Integrity

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 15. Right to physical and mental Integrity Section Every Person with disability has a right to respect for his or her physical and mental integrity and the right to security of the person including his or her survival, liberty, protection and development.

Section 16

RIGHTS OF PERSONS WITH DISABILITIES - 16. Right to Human Dignity

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 16. Right to Human Dignity Section Every person with disability has a right to human dignity and the right for that dignity to be respected and protected and in particular not to be referred to by demeaning, embarrassing, derogatory and any other term that may be considered as lowering his or her human dignity.

Section 17

RIGHTS OF PERSONS WITH DISABILITIES - 17. Protection from abuse,exploitationand violence

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 17. Protection from abuse,exploitationand violence Section 17(1) Every person with disability has the right to be protected against all forms of abuse, neglect, exploitation and physical, mental, sexual, or emotional violence on their person in all settings at all places including, home, care-houses, educational institutions, hospitals, workplaces, and any other place which resides, cohabits, employs or in other manner inhabits any person with disability whether temporarily or permanently. Section 17(2) Any person or organization working with a person with disability , or any person, who has reason to believe that an act of exploitation , neglect, violence or abuse has been, or is being, or is likely to be committed against any person with disability , shall give information about it to law enforcement agencies in whose jurisdiction such incident occurs or is likely to occur, and such agencies shall take immediate steps on the receipt of such information to stop it and have the persons responsible for it arrested, or, if it has not occurred, to prevent its occurrence. Section 17(3) Any person who fails to comply with the provisions on subsection (2) commits an offence and i...

Section 18

RIGHTS OF PERSONS WITH DISABILITIES - 18. Protection and Safety of Persons with Disabilities in situations of risk and humanitarian emergencies

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 18. Protection and Safety of Persons with Disabilities in situations of risk and humanitarian emergencies Section 18(1) Persons with disabilities have the right to protection in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters. Section 18(2) Every institution, whether public or private, shall maintain an inventory of all persons with disabilities within its establishment and shall, subject to data protection protocols, submit such inventory to the National and County governments and any other agencies responsible for disaster management. Section 18(3) Entities which run places to which the public has access shall take appropriate measures to ensure protection and safety of persons with disabilities in situations of risk. Section 18(4) The Kenya Defence Forces, the National Police Service and any other establishment whether public or private, engaged in emergency or humanitarian services shall give priority or and specific attention to persons with disabilities , in all situations of risk, take appropriate measures to ensure the safety and protection of persons with disabilities . Section 18(5) Const...

Section 19

RIGHTS OF PERSONS WITH DISABILITIES - 19. Specific measures for persons with Disabilities

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 19. Specific measures for persons with Disabilities Section 19(1) Every person with disability is entitled to specific measures to accelerate the equal participation in the social, cultural, economic, civil, political, or any other field. Section 19(2) Every public and private institution shall take effective measures and, where appropriate, specific measures to ensure continuing improvement of economic and social conditions of persons with disabilities .

Section 20

RIGHTS OF PERSONS WITH DISABILITIES - 20. Right to Education

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 20. Right to Education Section 20(1) Every person with disability has a right to admission to any institution of learning and access to an inclusive, quality education on an equal basis with others. Section 20(2) No person shall be excluded from the education system on the basis of disability . Section 20(3) The National government shall facilitate participation of persons with disabilities in accessible and adaptable continuing adult education programmes on an equal basis. Section 20(4) The National and County Governments shall ensure that persons with disabilities have access to inclusive education , without discrimination and on an equal basis at all levels. Section 20(5) Every child with disability has the right to free and compulsory basic education. Section 20(6) Children with disabilities shall not be excluded from free and compulsory early childhood, primary or secondary education, on the basis of disability . Section 20(7) Every child with disabilities has a right to equal access to play, recreation and leisure and sporting activities, including those activities in the school system. Section 20(8)(a) learning institutions take into account the needs of persons with...

Section 21

RIGHTS OF PERSONS WITH DISABILITIES - 21. Right to work and employment for Persons with Disabilities

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 21. Right to work and employment for Persons with Disabilities Section 21(1) No employer shall discriminate against a person with disability in job application procedures, hiring, advancement and other terms, conditions, and privileges of employment. Section 21(2)(a) where an employer has at least twenty employees, reserve at least five per cent direct employment opportunities for persons with disabilities to secure employment; Section 21(2)(b) formulate policies and programmes to promote basic human rights, improve working conditions, and enhance employment opportunities for persons with disabilities ; Section 21(2)(c) when recruiting, not discriminate on account of disability ; Section 21(2)(d) not conduct any test or examination to establish whether an applicant is a person with a disability or as to the nature or severity of the person’s disability ; and Section 21(2)(e) be required to carry out appropriate modifications in their work premises to accommodate the employment of persons with disabilities . Section 21(3) Every employer shall submit an annual report on the status of employment of persons with disabilities within their establishments to the Council in a forma...

Section 22

RIGHTS OF PERSONS WITH DISABILITIES - 22. No dismissal for employee withdisability.

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 22. No dismissal for employee withdisability. Section if any employee with disability is placed under undue stress or disadvantage in the usual course of employment as a result of the disability , such employee shall be eligible for a position at the same rank with adequate support; and

Section 23

RIGHTS OF PERSONS WITH DISABILITIES - 23. Incentive for private employer

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 23. Incentive for private employer Section 23(1) A private employer who engages a person with a disability either as a regular employee, apprentice or learner shall be entitled to apply for a deduction from its taxable income equivalent to twenty-five percent of the total amount paid as salary and wages to such employee: Provided that such an employer shall present proof certified by the Council of the person in respect of whom it claims the deduction and the person with disabilities so employed is accredited with the Council as to disabilities, skills and qualifications. Section 23(2) A private employer who improves or modifies its physical facilities or avails special services in order to provide reasonable accommodation for employees with disabilities shall be entitled to apply for additional deductions from its net taxable income equivalent to fifty percent of the direct costs of the improvements, modifications or special services.

Section 24

RIGHTS OF PERSONS WITH DISABILITIES - 24. Right to Health

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 24. Right to Health Section 24(1) Persons with disabilities have the right to the enjoyment of the highest attainable standard of health, including health-related habilitation and rehabilitation services, without discrimination on the basis of disability . Section 24(2) Persons with disabilities have the right to the enjoyment of sexual and reproductive health rights on an equal basis with other persons. Section 24(3) Persons with disabilities have the right to information to enable them to make responsible and informed choices about their sexual and reproductive health. Section 24(4) Persons with disabilities have a right to be treated with respect, privacy and dignity while seeking health related services. Section 24(5) Persons with disabilities shall be entitled to free medical care and treatment in public health institutions. Section 24(6) Medical assessment reports for persons with disabilities , including for purposes of registration under the Act, shall be done free of charge in public health institutions. Section 24(7) The national and county governments shall ensure that all health institutions have an adequate number of Kenyan Sign language interpreters in their i...

Section 25

RIGHTS OF PERSONS WITH DISABILITIES - 25.Councilto participate in Health Programmes

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 25.Councilto participate in Health Programmes Section early identification of disability ;

Section 26

RIGHTS OF PERSONS WITH DISABILITIES - 26. Access to information andcommunicationtechnology services

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 26. Access to information andcommunicationtechnology services Section 26(1) Every person with disability has the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas, and the right to access information, on an equal basis with others, in a timely manner and without additional cost. Section 26(2) Every person with disability has a right to information, communications technologies and systems which includes talking software, Braille materials, hearing aids and other forms of communication devices. Section 26(3) Public and private institutions shall provide information intended for the general public, including through the internet, to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities. Section 26(4) Public and private institutions shall accept and facilitate the use of Kenya sign language, Braille, augmentative and alternative communication , and all other accessible means and usable formats of communication to accommodate the needs of persons with disabilities . Section 26(5) All public and private media enterprises and telephone service providers shall...

Section 27

RIGHTS OF PERSONS WITH DISABILITIES - 27. Access to financial and banking services

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 27. Access to financial and banking services Section Institutions that provide financial services, including online services and mobile money, shall ensure that their services, equipment and platforms are available to persons with disabilities in accessible formats and technologies.

Section 28

RIGHTS OF PERSONS WITH DISABILITIES - 28. Access to Justice

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 28. Access to Justice Section 28(1) Every person with disability has a right to effective access to justice on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, at investigative and other preliminary stages. Section 28(2)(a) matters affecting the violation of the rights of persons with disabilities or the deprivation of their property; Section 28(2)(b) cases involving capital punishment of persons with disabilities ; and Section 28(2)(c) such matters and cases as maybe prescribed in the regulations made by the Attorney General. Section 28(3)(a) the exemption of persons with disabilities from the payment of court fees in relation to matters or cases described in subsection (2) ; and Section 28(3)(b) the provision, to persons with disabilities who attend court, of free Kenyan sign language interpreters, Braille services, other communication formats and technologies accessible to persons with disabilities , physical guide assistance and intermediaries. Section 28(4) Accused persons with di...

Section 29

RIGHTS OF PERSONS WITH DISABILITIES - 29. Sports, Recreation, Leisure and Culture

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 29. Sports, Recreation, Leisure and Culture Section 29(1) Every person with disability has a right to take part on an equal basis with others in sports, recreation, leisure and cultural activities at the national, regional and international levels. Section 29(2) Every person with disability shall be entitled to the use of recreational or sports facilities owned or operated by the national and county governments during social, sporting or recreational activities, free of charge. Section 29(3) The Cabinet Secretaries responsible for sports, recreation, leisure and cultural activities, in consultation with the Council , shall take appropriate measures to enable persons with disability to have the opportunity to develop and utilize their creative, artistic and intellectual potential. Section 29(4) A person with disability shall be entitled, on an equal basis with others, to recognition and support of his or her specific cultural and linguistic identity, including Kenyan sign language and Deaf culture. Section 29(5) Every public and private institution with sporting, recreation, leisure and cultural activities for their employees shall ensure that such sporting, recreational, le...

Section 30

RIGHTS OF PERSONS WITH DISABILITIES - 30. Accessibility

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 30. Accessibility Section 30(1) 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. Section 30(2) Every person with disability has a right to accessibility as an essential pre-condition to enable him or her to live independently and participate fully in all aspects of life and shall have the right to be provided with such accessibility to the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services including emergency services open or provided to the public. Section 30(3) Public and private institutions shall implement minimum standards and guidelines for the accessibility of facilities and services open or provided to the public to accommodate all aspects of accessibility for persons with disabilities . Section 30(4) Every person with disability has a right to personal mobility and the use of assistive devices of his or her choice, including assistance by guide animals, and no person with disab...

Section 31

RIGHTS OF PERSONS WITH DISABILITIES - 31. Adjustment Orders

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 31. Adjustment Orders Section 31(1)(a) all premises to which members of the public are ordinarily admitted whether on payment of a fee or otherwise; Section 31(1)(b) public transport operators and providers of communication and information services; and Section 31(1)(c) all services or amenities ordinarily provided to members of the public. Section 31(2)(a) a full description of the premises, services or amenities concerned; and Section 31(2)(a)(i) a full description of the premises, services or amenities concerned; and Section 31(2)(a)(ii) the grounds upon which the Council consider that the premises, services or amenities are inaccessible to persons with disabilities ; Section 31(2)(b) requiring the owner or provider concerned to undertake at his or her own expense such action as may be specified in order to secure access by persons with disabilities to the premises, services or amenities concerned; and Section 31(2)(c) stipulating the period within which the action referred to in paragraph (b) shall be commenced and completed. Section 31(3)(a) specifying the grounds upon which the Adjustment Order is to be issued and the nature of the action which the Council considers n...

Section 32

RIGHTS OF PERSONS WITH DISABILITIES - 32. Civic and Political rights forpersons with disabilities

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 32. Civic and Political rights forpersons with disabilities Section 32(1) Every Person with disability has a right to participate in political and public life and the opportunity to enjoy them on an equal basis with others, and to vote for and be voted directly or through freely chosen representatives in any public or political office. Section 32(2)(a) providing voting procedures, facilities and materials which are appropriate, accessible and easy to understand and use; Section 32(2)(b) protecting the rights of persons with disabilities to vote by secret ballot in elections without intimidation and to offer themselves for elections; and Section 32(2)(c) allowing assistance in voting by a person of their own choice, on request and facilitating the use of assistive and appropriate technologies. Section 32(3) A person who undertakes to render assistance under subsection (3) (c) shall do so strictly in accordance with the instructions of the voter. Section 32(4) A person described in subsection (2) shall bind himself or herself, in the prescribed form, to comply with that subsection.

Section 33

RIGHTS OF PERSONS WITH DISABILITIES - 33. Right to Independent living

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 33. Right to Independent living Section 33(1) Every person with disability has a right to independent living and access to a range of in-home, residential and other support services , including personal assistance, necessary to support living and inclusion in society on an equal basis with others. Section 33(2) Subject to subsection (1) , an employer may provide special allowance to a person with disability .

Section 34

RIGHTS OF PERSONS WITH DISABILITIES - 34. Enforcement of rights

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 34. Enforcement of rights Section 34(1) Subject to subsection (2) , if any person alleges that any of the provisions of this Act has been, is being or is likely to be contravened in relation to a person with disability , then without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for redress. Section 34(2) The High Court shall hear and determine an application made by a person in pursuance of subsection (1) and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of this Act.

Section 35

RIGHTS OF PERSONS WITH DISABILITIES - 35. Registration of Persons with Disabilities, organizations and institutions

Part III: RIGHTS OF PERSONS WITH DISABILITIES

Section 35. Registration of Persons with Disabilities, organizations and institutions Section 35(1)(a) persons with disabilities , to whom it shall issue disability identification cards in such form as it may determine; Section 35(1)(b) institutions, entities owned by Persons with Disabilities, associations and organizations, including those controlled and managed by the Government, which promotes the rights of and provide services to persons with Disabilities and issue certificates of registration thereof. Section 35(2) Existing organizations of or for persons with disabilities may apply in the prescribed manner to the Council for registration; Section 35(3) Organizations for Persons with Disabilities and any integrated organization with at least seventy per cent persons with disabilities may within twelve months of formation, apply to the Council , in the prescribed manner, for registration. Section 35(4) The Council shall not deny a person with disability who is not registered from accessing any of the services set out under this part. Section 35(5)(a) the holder is a person with disability , or Section 35(5)(b) the institution, integrated enterprise or organization holding it i...

Section 36

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 36. Establishment of theCouncil

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 36. Establishment of theCouncil Section 36(1) There is hereby established a council to be known as the National Council for Persons with Disabilities. Section 36(2)(a) suing and being sued; Section 36(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 36(2)(c) borrowing; and Section 36(2)(d) doing or performing all such other things or acts for the proper discharge of its functions under the Constitution, this Act or any written law, as may be lawfully done or performed by a body corporate.

Section 37

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 37. Headquarters and other offices of theCouncil

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 37. Headquarters and other offices of theCouncil Section 37(1) The headquarters of the Council shall be in Nairobi. Section 37(2) The Council shall establish other offices and decentralize its services to such other parts of the country as it considers necessary in accordance with Article 6(3) of the Constitution.

Section 38

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 38. Functions of theCouncil

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 38. Functions of theCouncil Section advise on, and enforce accessibility, reasonable accommodation , non-discrimination for persons with disabilities and with regard to information, goods, services and the built environment and their participation in society on an equal basis with others;

Section 39

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 39. Powers of theCouncil

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 39. Powers of theCouncil Section enforce and generally administer the provisions of this Act and any other related laws;

Section 40

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 40.Councilmay establish Committees

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 40.Councilmay establish Committees Section constitute committees consisting of its members; and

Section 41

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 41. Composition of theCouncil

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 41. Composition of theCouncil Section 41(1)(a) the Chairperson, who shall be drawn from organizations of persons with disabilities and who shall be appointed by the President; Section 41(1)(b) the Principal Secretary in the Ministry responsible for matters relating to disabilities or a representative duly appointed in writing; Section 41(1)(c) the Principal Secretary in the Ministry responsible for finance or a representative duly appointed in writing; Section 41(1)(d) one person nominated by the council of county governors; Section 41(1)(e) three persons representing different categories of disabilities, nominated by organizations of persons with disabilities ; Section 41(1)(e)(i) three persons representing different categories of disabilities, nominated by organizations of persons with disabilities ; Section 41(1)(e)(ii) two persons nominated by organizations for persons with disabilities , one of whom shall be from organizations of parents and guardians of persons with mental disabilities who cannot represent themselves; Section 41(1)(f) the Executive Director of the Council who shall be the Secretary to the Council . Section 41(2)(a) there is equitable representation of...

Section 42

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 42. Qualifications for appointment of chairperson and members

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 42. Qualifications for appointment of chairperson and members Section 42(1)(a) is a Kenyan citizen; Section 42(1)(b) holds at least a first degree from a university recognized in Kenya; Section 42(1)(c) has knowledge and at least ten years’ working experience, of which five years shall be on matters relating to disabilities, human rights or social development; Section 42(1)(d) meets requirements of Chapter Six of the Constitution. Section 42(2)(a) is a Kenyan citizen; Section 42(2)(b) holds at least Kenya Certificate of Secondary Education qualification or its equivalent: Section 42(2)(c) has knowledge and at least five years working experience of which three years shall be on matters relating to disabilities; Section 42(2)(d) meets the requirements of Chapter Six of the Constitution of Kenya. Section 42(3)(a) has been removed from office for contravening the provisions of the Constitution or any other law; Section 42(3)(b) is a public officer; Section 42(3)(c) is a member of a governing body of a political party; Section 42(3)(d) is a member of Parliament or a county assembly; Section 42(3)(e) has been convicted of a felony and sentenced to a term of imprisonment; Section...

Section 43

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 43. Election of the Vice-Chairperson

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 43. Election of the Vice-Chairperson Section 43(1) The members of the Council shall, at their first meeting elect one among their number to be a vice chairperson. Section 43(2) The person elected under subsection (1) shall be of opposite gender and of a different category of disability from the Chairperson.

Section 44

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 44. Tenure of office of Members of theCouncil

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 44. Tenure of office of Members of theCouncil Section 44(1) The Chairperson and members of the Council shall hold office for a term of five years and shall be eligible for re-appointment for one further term. Section 44(2)(a) at any time resign from office by notice in writing to the Cabinet Secretary , or in the case of the Chairperson, to the President; or Section 44(2)(b) has been absent from three consecutive meetings of the Council without the permission of the chairperson, or in the case of the chairperson, without the permission of the Cabinet Secretary ; Section 44(2)(b)(i) has been absent from three consecutive meetings of the Council without the permission of the chairperson, or in the case of the chairperson, without the permission of the Cabinet Secretary ; Section 44(2)(b)(ii) is adjudged bankrupt or enters into a composition scheme or arrangement with the creditors; Section 44(2)(b)(iii) is convicted of an offence involving fraud or dishonesty; Section 44(2)(b)(iv) is convicted of a criminal offence and sentenced to a term of imprisonment; Section 44(2)(b)(v) is found to have acted in a manner prejudicial to the aims and objectives of this Act; Section 44(2)(b...

Section 45

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 45. Procedure for Appointment

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 45. Procedure for Appointment Section 45(1) Whenever a vacancy occurs in the office of the Chairperson or a member, the executive director shall forthwith notify the Public Service Commission accordingly. Section 45(2) The Public Service Commission shall, within a period of fourteen days from the date of the occurrence of the vacancy, by notice in two daily newspapers of national circulation and its official website and the website of the Ministry responsible for matters relating to disability , declare the vacancy and invite applications from persons qualified under this Act within a period specified in the notice. Section 45(3)(a) the President, in the case of the Chairperson, or Section 45(3)(b) the Cabinet Secretary in the case of a Member. Section 45(4) The appointment under this section shall be by notice in the Gazette .

Section 46

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 46. Executive Director of theCouncil

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 46. Executive Director of theCouncil Section 46(1) The Council shall appoint an Executive Director through an open, transparent and competitive recruitment process. Section 46(2) The Executive Director shall be the secretary to the Council . Section 46(3)(a) is a citizen of Kenya; Section 46(3)(b) at least a degree from a recognized university; Section 46(3)(c) has at least ten years of proven work experience three years being at senior management level in a public or private institution; Section 46(3)(d) at least three years’ experience on matters of Disabilities; and Section 46(3)(e) meets the requirements of Chapter Six of the Constitution. Section 46(4) The Executive Director shall hold office for a term of three years renewable once. Section 46(5) The Executive Director shall be the accounting officer of the Council and be responsible to the Council for the day-to-day management of the affairs of the Council , and shall perform such other functions as may be so conferred by this Act or by any other written law.

Section 47

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 47. Removal of the Executive Director

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 47. Removal of the Executive Director Section The Executive Director may be removed from office by the Council in accordance with the terms of the contract of service and the Employment Act .

Section 48

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 48. Remuneration of Chairperson and Members.

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 48. Remuneration of Chairperson and Members. Section The Chairperson and Members of the Council shall be paid such allowances as may be approved by the Cabinet Secretary with the advice of the Salaries and Remuneration Commission.

Section 49

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 49. Staff of theCouncil

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 49. Staff of theCouncil Section 49(1) The Council may appoint such staff as may be necessary for the proper discharge of its functions under this Act, and upon such terms as the Council in consultation with the Salaries and Remuneration Commission may determine. Section 49(2) The staff appointed under subsection (1) shall serve on such terms and conditions as the Council may determine. Section 49(3) The National and County Governments may, upon request by the Council second to the Council such number of public officers as may be necessary for the proper performance of the functions of the Council . Section 49(4) A public officer seconded to the Council shall, during the period of secondment, be deemed to be an officer of the Council and shall be subject only to the direction and control of the Council . Section 49(5) The Council may establish a superannuation scheme for its employees and make such payments towards insurance as may be required under the relevant laws.

Section 50

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES - 50. Delegation by theCouncil

Part IV: ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

Section 50. Delegation by theCouncil Section 50(1)(a) duties to make decision under the Act; Section 50(1)(b) power of delegation itself; and Section 50(1)(c) the powers to revoke or vary delegation. Section 50(2) A delegated power shall be exercised in accordance with the instrument of delegation. Section 50(3) A delegation may, at any time, be revoked or varied by the Council .