kisumu county persons living with disabilities bill, 2014

I

II

i SPECIAL ISSTIE

Kisumu County Gazette Supplement No.27 (Bills No.2l)

REPUBLIC OF KENYA

-c,\\,.

<": f\-r -.i\ f\c-;d

Yx-,r\' .r\Y. t. -\,e 1 /s\\$av

L, -r\' {-\r -..". u/'- q..-.-t/

9;* r)

KISUMU COUNTY GAZETTESUPPLEMENT

BILLS, 2014

NNRGBI, 6th October, 2014

CONTENT

Bill for Introduction into the Kisumu County Assembly-

Pacn

The Kisumu County Persons Living with Disabilities Bill, 2014,........1

PRINTED AND PIJBLISHED BY THE E,oVERNME{T PRINTER,, NAIROBI

:

{

{

.l

rl

I

TIIE KISI]MU COUNTY PERSONS LTVING WITHDISABTLITTES BrLL, 2014

ARRANGEMENT OF CLAUSES

Clause

PART I-PRELIMINARYl-Short title.

2-Interpretation.

3-Objects and purpose of the Act.

PART II-ESTABLISHMENT OF THE BOARI)

4-Establishment of the Board.

S-Membership of the Board.

6-Tenure of office.

7-Chief executive officer.

8-Functions of the Board.

PART III-RIGHTS AI\ID PRTYILEGES OFPERSONS WITH DISABILITIES

Rights of Persons with Disabilities

9-Realisation of rights of persons with disabilities.

lG-Right not to be discriminated in employment.

1 l-Discrimination by employers prohibited.

I 2-Incentives to employers.

l3-Records for job placement.

l4-Right not to be discriminated in an educationalinstitution.

I S--Special and non-formal education.

16-Health of persons with disabilities.

17-Right to accessibility and mobility.

18-Adjustment orders.

l9-Denial of admission into premises, etc.

2 The Kisurnu County Persons Living with Disabilities 8il1,2014

2G-Prohibition of " , adjustment orders against :

govemment institutions.

2l-Right to sports and recreation.

22-Right to vote.

23-Registration of organizations.

24-Non-derogation.

Privileges of Persons with Disabilities

25-Income tax exemptions.

26-Donations, bequests, subsidies or financial aid.

27-Promotion of access to credit.

PART YI-MISCELLAI\EOUS28-Failure to obey an adjustment order and

discrimination.

29-Concealment of persons with disabilities.

30-Negligence by doctor.

3l-Giving false information to get registered.

32-General penalty.

33-Enforcement.

34-Regulations.

The Kisumu County Persons Living with Disabilities Bill,2014

TIIE KIST'MU COT'NTY PER.SONS LTVING WTT.HDISABILITIES BILL, 2014

A Bill forAI\ ACT of Kisumu County to provide for the rights

and rehabilitation of persons with disabilities; toachieve equalization of opportunities for personswith disabilities; to establish the County Board forPersons with Disebilities; and for connectedpur?oses

ENACTED by the Kisumu County Assembly asfollows-

PART I-PRELIMINARY1. This Act may be cited as the Kisumu County

Persons Living with Disability Act, 2014.

2. In this Act unless the context otherwise requires-

"aged person" includes a person with a disability whohas been forced into retirement from employment due todisability;

"assistive devices and rervices" means implements,tools and specialized services (including the services ofqualified interpreters for the deaf and qualified teachers forthe blind) provided to persons with disabilities to assistthem in education, employment or other activities;

"Board" means the Kisumu County Board for Personswith Disabilities established under section 3;

"disability" includes any physical, sensory, mental,pyhschological or other impairment, condition or illnessthat has, or is perceived by significant sectors of thecommunity to have, a substantial or long-term effect on anindividual's ability to carry out ordinary day to dayactivities;

"discriminate" means to accord different treatment todifferent persons solely or mainly as a result of theirdisabilities and includes using words, gestures orcaricafures that demean, scandalize or embarrass a personwith a disability;

"doctor" means a person registered or licensed as amedical practitioner under the Medical Practitioners andDentists Act;

Shon title.

Interpretation.


"Fund" means the County Development Fund forPersons with Disabilities established under this Act;

"organizations for persons with disabilities" meansassociations or societies formed for the purposes ofrendering services to persons with disabilities;

'brganizations of persons with disabilities" meansassociations or societies formed by persons with disabilitiesfor their welfare and protection;

"usual day+o-day activities" means the activities ofdaily living which an ordinary person would reasonably beexpected to carry out.

3. The object and purpose of this Act is to ensure the

realization of the rights of persons with disabilities in the

county through-

(a) the establishment of a county Board for persons

with disabilities;

(b) setting out of the rights and privileges of persons

with disabilities; and

(c) generally protect persons with disabilities fromany form of discrimination and promote theirwelfare.

PART tr_N)MIIVSTRATION

4. (l) There is established the Kisumu County Boardfor Persons Living with Disabilities.

(2) The Board shall be a body corporate withperpetual succession and a common seal and shall in itscorporate name be capable of suing and being sued, andacquiring, holding and disposing of movable and

immovable property.

5. (1) The Board shall consist of the followingmembers appointed by the County Executive CommitteeMember-

(a) two persons nominated by organizationsrepresenting persons with various categories ofdisabilities within the County;

(b) two members appointed from a panel of namessubmitted to the County Executive Committee

Obircts rnd purporeof the Act.

Egtabtishment of theBoard,

Membershf of theBoad,


Member by organizations for persons withdisabilities;

(c) three members representing the Departmentsresponsible for the following-(i) culture and social services;

(ii) education;

(iii) labour; and

(d) such other members as may be co5opted by theBoard with the approval of the County ExecutiveCommittee Member.

Provided that the membership of the Board shall notexceed ten persons, out of whom at least half of themembers shall be persons with disabilities;

(2) The County Executive Committee Member shallappoint one of the members appointed under subsection (l)(a) as the chairperson.

(3) The County Executive Committee Member shallappoint one of the members appointed under subsection (l)(b) as the vice-chairperson.

(a) The chairperson and the vice-chairperson shall beof the opposite gender.

(5) In nominating or appointing persons as

chairperson and members of the Board, the CountyExecutive Committee Member shall ensure that the processis carried out in an open and fiansparent manner and that-

(a) the membership of the Board shall equitablyrepresent the types of disabilities occurring in thecounty;

(b) not more than two-thirds of the members are ofthe same gender; and

(c) the composition of the Board shall reflect theregional and ethnic diversity of the people ofKenya.

6. The chairperson, vice-chairperson and membersshall hold office for a period not exceeding three years andI

I

\

Tenure of office.

The Kisumu Counry Persons Living with Disabilities Bill, 2014

shall be eligible for re-appointment for a further term notexceeding two years.

7. (1) There shall be a chief executive officer of theBoard.

(2) The Chief Executive Officer shall be appointed bythe County Executive Member on recommendation of theBoard and recruited through a competitive process.

(3) To qualify for appointment as a chief executiveofficer, a person shall-

(a) possess a degree in a relevant field from arecognized university ;

(b) have had experience in management for a periodof not less than five years.

(4) The Chief Executive Officer shall hold office for aperiod of three years, on such terms and conditions ofemployment as the Board may determine, and shall beeligible for re-appointment for a further and final term ofthree years.

(5) The Chief Executive Officer shall be an exfficiomember of the Board but shall have no right to vote at anymeeting of the Board.

(6) The Chief Executive Officer shall-(a) subject to the direction of the Board, be

responsible for day to day management of theaffairs of the Board;

(b) in consultation with the Board, be responsible forthe direction of the affairs and transactions of theBoard, the exercise, discharge and performance ofits objectives, functions and duties and the generaladministration of the Board;

(c) carry out any other function as may from time totime be assigned by the Board.

8. (l) The functions of the Board shall be-(a) to issue adjustment orders under the provisions of

this Act;

(b) to formulate and develop measures and policiesdesigned to-

Chiefexecutiveofficer.

Functions of theBoud.


(i) achieve equal opportunities for persons withdisabilities by ensuring to the maximumextent possible that they obtain education andemployment, and participate fully in sporting,recreational and cultural activities and areafforded full access to community and socialservices;

(ii) co-operate with the National Governmentduring the national census to ensure thataccurate figures of persons with disabilitiesare obtained in the country, for purposes ofplanning;

(iii) advise the County Executive CommitteeMember on the provisions of any NationalLegislation or agreement relating to thewelfare or rehabilitation of persons withdisabilities and its benefits to the country;

(iv) recommend measuresdiscrimination againstdisabilities;

to preventpersons with

(v) put into operation schemes and projects forself-employment or regular or shelteredemployment for the generation of income bypersons with disabilities;

(vi) encourage and secure the rehabilitation ofpersons with disabilities within their owncommunities and social environment;

(vii) encourage and secure the establishment ofvocational rehabilitation centres and otherinstitutions and other services for the welfare,rehabilitation and employment of personswith disabilities; and

(viii) co-ordinate services provided in County forthe welfare and rehabilitation of persons withdisabilities and to implement programmes forvocational guidance and counselling;

(c) to register-(i) persons with disabilities;

(ii) institutions, associations and organizations,including those controlled and managed bythe County Government and local authorities,

The Kisurnu County Persons Living with Disabilities Bill,2014

llI

I

that provide services for the rehabilitationand welfare of persons with disabilities;

(iii) places at which services for the rehabilitationof persons with disabilities are provided; and

(iv) persons with disabilities whose conditionrequires constant medical attention for thepurposes of availing subsidized medicalservices;

(d) to provide, to the maximum extent possible-

(i) assistive devices, appliances and otherequipment to persons with disabilities; and

(ii) access to available information and technicalassistance to all institutions, associations andorganizations concerned with the welfare andrehabilitation of persons with disabilities,including those controlled and managed bythe County Government;

(e) to consult with the County Government in theformulation of suitable curricula for vocationalrehabilitation centres and other training facilitiesfor persons with disabilities;

(0 to make provision for assistance to students withdisabilities in the form of scholarships, loanprogrammes, fee subsidies and other similar formsof assistance in both public and privateinstitutions;

(g) to assess and report to the County ExecutiveCommittee Member on the welfare andrehabilitation of persons with disabilities and toadvise on the relative priorities to be given to theimplementation of those measures;

(h) to consult with the County Government in theprovision of suitable and affordable housing forpersons with disabilities;

(i) generally to carry out measures for publicinformation on the rights of persons withdisabilities and the provisions of this Act;

0) to perform such other functions in relation to thewelfare and rehabilitation of persons withdisabilities as the Board may deem necessary; and

The Kisunu County Persons Living with Disabilities Bill,2014

I

I

i

(k) to perform such other functions as may beassigned to the Board under this or any other Act.

(2) Without prejudice to the provisions of subsection(1), the Board shall have power to do all things that arenecessary or convenient to be done for or in connectionwith the performance of its functions and in particular-

(a) to conduct inquiries into any matter relating to thewelfare and rehabilitation of persons withdisabilities;

(b) to constitute committees consisting of itsmembers, and where necessary to co-opt expertsto serve on such committees with the approval ofthe County Executive Committee Member;

(c) to vest in or delegate to any committee constitutedunder paragraph (b) such of the functions of theBoard as the Board may with the approval of theCounty Executive Committee Member determine;and

(d) with the approval of the County ExecutiveCommittee Member, to engage or make otherarrangements with atty other person to carry outresearch on, or supply information on, any matterrelating to the welfare and rehabilitation ofpersons with disabilities.

PART M-RIGHTS AND PRTVILDGES OFPERSONS WITII DISIABILIIIES

Rights of Persons with Disabilities

9. The County Government shall take steps to themaximum of its available resources with a view toachieving the full realization of the rights of persons withdisabilities.

10. (1) No person shall deny a person with a disabilityaccess to opporftnities for suitable employment

(2) A qualified employee with a disability shall besubject to the same terms and conditions of employmentand the same compensation, privileges, benefits, fringebenefits, incentives or allowances as qualified able-bodiedemployees.

(3) An employee with a disability shall be entitled to

Realization ofrighEof persono withdisbitiri€d.

Righi Dot oo bcdiscrimineled inemplrymcnt.

l0 The Kisumu County Persons Living with Disabilities Bill,2014

I

exemption from tax on all income accruing from theemployment

(4) The Board shall endeavour to secure thereservation of five percent of all casual, emergency andcontractual positions in employment in the public andprivate sectors for persons with disabilities.

(5) Subject to the provisions of the Employment Act,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 forperiods for which they are hired.

ll. (1) Subject to subsection (2), no employer shalldiscriminate against a person with a disability in relationto-

(a) the advertisement of employment;

(b) the recruitment for employment;

(c) the creation, classification or abolition of posts;

(d) the determination or allocation of wages, salaries,pensions, accommodation, leave or other suchbenefits;

(e) the choice of persons for posts, training,advancement, apprenticeships, transfer, promotionor retrenchment;

(0 the provision of facilities related to or connectedwith employment; or

(g) any other matter related to employmenL

(2) Notwithstanding subsection (1), an employer shallbe deemed not to have discriminated against a person witha disability if-

(a) the act or omission alleged to constitute thediscrimination was not wholly or mainlyattributable to the disability of the said person;

(b) the disability inconsideration inrequirements ofconcerned; or

question was a relevantrelation to the particularthe type of employment

Dirrimination bycmploycrsprchibitcd.

(c) special facilities or modifications, whether

The Kisumu County Persons Living with Disabilities Bill, 2014 l1

physical, administrative or otherwise, are requiredat the work place to accommodate the person witha disability, which the employer cannot reasonablybe expected to provide.

(3) A complaint by a person with a disability that hisemployer has discriminated against him in a way which iscontrary to this Act may be presented to the IndustrialCourt through the appropriate trade union.

(4) Any contract for employment or for provision ofgoods, facilities or services, or any other agreement, shallbe void insofar as it purports to deny any person any rightsor privileges conferred under this Act or in any other wayto limit the operation of this Act.

(5) An employer shall provide such facilities andeffect such modifications, whether physical, administrativeor otherwise, in the workplace as may reasonably berequired to accommodate persons with disabilities.

(6) The minimum retirement age for persons with adisability shall be sixty years

12: (1) A priyate employer who engaggs.a person with :ffiili::.'a disability with the required skills or qualifications eitheras a regular employee, apprentice or learner shall beentitled to apply for a deduction from his taxable incomeequivalent to twenty five percent of the total amount paidas salary and wages to such employee:

-

Provided that-(a) such an employer shall present proof certified by

the Ministry responsible for labour in the countythat the persons with disabilities in respect ofwhom he claims the deduction are under hisemployer; and

(b) the persons with disabilities so employed areaccredited with the Board as to their disabilities,skills and qualifications.

(2) A private employer who improves or modifies hisphysical facilities or avails special services in order toprovide reasonable accommodation for employees withdisabilities shall be entitled to apply for additionaldeductions from his net taxable income equivalent to fiftypercent of the direct costs of the improvements,

12 The Kisumu County Persons Living with Disabilities Bill,2014

modifications or special services.

13. The Board shall establish and maintain a record ofpersons with disabilities who are in possession of variouslevels of skills and training and shall update such recordsregulady for the purposes of job placement.

14. (1) No person or learning institution shall denyadmission to a person with a disability to any course ofstudy by reason only of such disability, if the person hasthe ability to acquire substantial learning in that course.

(2) Learning institr,rtions shall take into account thespecial needs of persons with disabilities with respect to theentry requirements, pass marks, curriculum, examinations,auxilliary services, use of school facilities, class schedules,physical education requirements and other similarconsiderations.

(3) Special schools and institutions, especially for thedeaf, the blind and the mentally retarded, shall beestablished to cater for formal education, skillsdevelopment and self reliance.

15. The Board shall work in consultation with therelevant agencies of County Government to makeprovisions in all districts for an integrated system of specialand non-formal education for persons with all forms ofdisabilities and the establishment where possible of Brailleand recorded libraries for persons with visual disabilities.

16. The Board shall ensure that the implementation ofthe County health programme puts measures in place for-

(a) prevention of disability;

(b) early identification of disabiliry;

(c) e.aly rehabilitation of persons with disabilities;

(d) enabling persons with disabilities to receive freerehabilitation and medical services in public andprivately owned health institutions;

(e) availing essential health services to persons withdisabilities at an affordable cost;

(f) availing field medical personnel to local healthinstitutions for the benefit of persons withdisabilities; and

Rerords forjobplacement.

Right not to b€diccriminaed in aneducarimalin*iotion.

Special and non-formal education.

Horllh ofpcnonrwlth dlr0llitlor,

The Kisumu County Persons Living with Disabilities Bill,2014 13

(g) prompt attendance by medical personnel topersons with disabilities.

17. (1) Persons with disabilities are entitled to abarrier-free and disability-friendly environment to enablethem to have access to buildings, roads and other socialamenities, and assistive devices and other equipment topromote their mobility.

(2) A proprietor of a public building or public servicevehicle shall adapt it to suit persons with disabilities insuch manner as may be specified by the Board.

(3) All proprietors of public buildings shall complywith subsection (2) within five years after this sectioncomes into operation while operators of public servicevehicles shall comply with subsection (2) within two yearsafter this section comes into operation.

18. (1) This section shall apply to-(a) any premises to which members of the public are

ordinarily admitted whether on payment of a feeor otherwise; and

(b) any services or amenities ordinaf,ily provided tomembers of the public.

(2) Without prejudice to the provisions of section 19,if the Board considers that any premiscs, services oramenities are inaccessible to persons with disabilities byreason of any stnrctural, physical, administrative or otherimpediment to such acsess, the Board m&y, subjcet to thrssection, serve upon the owner of the pemioco or theprovider of the services or amenities eoneerned aR

adjustment order-(a) setting out-(i) a full description of the premises, services or

amenities concerned; and

(ii) the grounds upon which the Board considers thatthe premises, services or amenltlcr areinaccessible to persons with disabilities;

(b) requiring the owner or provider concettied toundertake at his own expense such action as maybe specified in order to secure reasonable accessby persons with disabilities to the premises,

Right to accessibilityand mobility.

Adjustsrent orders.

t4 The Kisumu County Persons Living with Disabilities Bill,2014

services or amenities concerned; and

(c) stipulating the period within which the actionreferred to in paragraph (b) shall be commencedand completed.

(3) Before serving an order under subsection (2) theBoard shall serve notice upon the person concerned-

(a) specifying the ground upon which the adjustmentorder is to be issued and the nature of the actionwhich the Board considers necessary to rectify thesituation which has given rise to the proposedorder;

(b) stipulating the maximum period that the Boardconsiders reasonable for the implementation of theaction it proposes to order; and

(c) calling upon the person concerned, if he wishes todo so, to make representations to the Board withinthirty days from the date of the service of thenotice.

(4) After considering any representations described insubsection (3) (c) the Board may issue, or refrain from ordefer the issuing of, an adjustment order.

(5) Within thirty days after an adjustment order isconfirmed or issued under subsection (4), the personconcerned may appeal against the confirmation or issue tothe High Court in the prescribed manner on any groundsincluding on the grounds that-

(a) he cannot "reasonably be expected to bear the

whole or' dity part of the expense required inimplementilg the adjustment order;

(b) the period ".s*ipulated

for implementing theadjustment order is unreasonable;

(c) the nature of'ilie abtion required to be taken interms of thg adjustment order is, in thecircumstanceo of the case, unreasonable; or

(d) adequate dgljQSr to the premises, services oramenities c<incerned may be secured withoutrecourse to the action required by the adjustmentorder.


(6) Upon hearing an appeal under subsection (5) theCourt may-

(a) confirm, vary or set aside the adjustment orderappealed against; and

(b) make such order as to the costs of the appeal as itthinks fit.

19 (1) No person shall, on the ground of disability trl'S"j,tl'#:'alone, deny a person with a disability-

(a) admission into any premises to which members ofthe public are ordinarily admitted;or

(b) the provision of any services or amenities to whichmembers of the public are entitled, unless suchdenial is motivated by a genuine concern for thesafety of such person.

(2) The proprietor of premises referred to insubsection (l) (a) shall not have the right, on the ground ofa person's disability alone, to reserve the right of admissionto his premises against such a person.

(3) A person with a disability who is denied admissioninto any premises or the provision of any service oramenity contrary to subsection (l) shall be deemed to havesuffered an injury and shall have the right to recoverdamages in any court of competent jurisdiction.

(4) Without prejudice to subscction (3), damagesawarded under that subsection shall bc reeoverablesummarily as a civil debt.

20, (l) The Board shall not Berve an adjustmetlt order ffX,'H|il:L".,UpOn- against govemment-

(a) any hospital, nursing home or clinie egnEDlled or institutions'

managed by the County Governnrent or hgisteredunder the Public Health Act ercept with theconsent of the County ExecutlVe CgmmitteeMember responsible for health; or

(b) any school or educational or trainirig lilltitutioncontrolled or managed by the County Got[$mentor registered under the Education nlt e*S,t wittrthe consent of the County Executive CommitteeMember responsible for the administration of theinstitution oi Act concerned.

16 The Kisumu County Persons Living with Disabilities Bill,2014

(2) Within sixty days after being requested to consentunder subsection (1) the County Executive CommitteeMember shall either give or refuse his consent and if hefails to do so within that period the Board may proceed toserve the adjustment order as though the County ExecutiveCommittee Member had consented

21. (l) All persons with disabilities shall be entitled,free of charge, to the use of recreational or sports facilitiesowned or operated by the County Government duringsocial, sporting or recreational activities.

(2) Persons with disabilities shall be entitled toparticipate in all national and international sports events.

(3) For the purpose of subsection (2) the Ministryresponsible for sports shall, in consultation with the Board,provide the necessary suitable environment including-

(a) architectural infrastructure;(b) apparatus and equipment;(c) training and medical personnel; and

(d) transportation facilities for the participants.

(4) Section (1) shall not apply in cases where there isexclusive private hire of such facilities.

22. (l) All persons with disabilities shall be entitled attheir request, to be assisted by persons of their choice invoting in presidential, parliamentary and county elections.

(2) A person who undertakes to render assistanceunder subsection (1) shatl do so strictly in accordance withthe instructions of the voter.

(3) A person described in subsection (2) shall bindhimself, in the prescribed form, to comply with thatsubsection.

(4) Polling stations shall be made accessible topersons with disabilities during elections, and such personsshall in addition be provided with the necessary devicesand assistive devices rill$ services to facilitate the exerciseof this right under thiq6ection.

(5) A person wl08ontravenes subsection (2) is guiltyof an offence.

23. (l) The County Board shall register allorganizations of or for persons with disabilities.

Right to sports andrecreation.

Right io vote.

Rogbtsation oforganizstions,

The Kisumu County Persons Living with Dissbilities Bill,2014 l'l

(2) All existing organizations of or for persons withdisabilities shall, within twelve months after this sectioncomes into operation, apply in the prescribed manner to theBoard for registration.

24.The rights set out under this Part are in addition to,and do not derogate in any way with the rights set outunder Article 54 of the Constitution.

Privileges of Persons with Disabilities

25. (1) All persons with disabilities who are in receiptof an income may apply to the County ExecutiveCommittee Member responsible for finance for exemptionfrom income tax and any other levies on such income.

(2) The County Executive Committee Memberresponsible for finance shall, in consultation with theBoard, assess all applications received under subsection (1)and make such order thereon, if any, as he deems fit,exempting the applicant wholly, or to the extent providedby the order, from income tax or other levies specifiedtherein, and any such order shall, notwithstanding theprovisions of any other Act, have effect according to itsterms.

(3) Materials, articles and equipment, including motorvehicles, that are modified or designed for the use ofpersons with disabilities shall be exempt from import duty,value added tan, demurrage charges, port charges and anyother County government levy which would in any wayincrease their cost to the disadvantage of persons withdisabilities

(4) All goods, items, implements or equipmentdonated to institutions and organizations of or for personswith disabilities shall be exempt from import duties, valueadded tax, demurrage charges, port charges and any othergovernment levy which would in any way defeat thepurposes of or increase the cost of the said donations.

26. (l) Any donations, bequest, subsidy pg financialaid which may be made to county govemmqnf. agenciesinvolved in the rehabilitation of persons with disabilities orto organizations involved in such rehabilifltion andregistered with the Board for the purposes of this sectionshall, subject to the provisions of the Income Tax Act, beallowed as deductions from the donor's gross income forthe purpose of computing taxable income.

Non-derogation.

Incotne taxexemptions.

Donations, boquestl,subeldios orflnanclal ald.

18 The Kisumu County Persons Living with Disabilities 8il1,2014

(2) The County Executive Committee Memberresponsible for finance in the county or other appropriateauthority shall endeavor to provide, subject to theprovisions of any other relevant law, incentives to localmanufacturers of technical aids and appliances used bypersons with disabilities including, but not limited to, thefollowing-

(a) additional deductions for labor expenses;

(b) tax and duty exemptions on imported capitalequipment;

(c) tax credits on domestic capital equipment;

(d) simplified customs procedures;

(e) unresricted use of consigned equipment;

(f) employment of foreign nationals;

(g) exemptions from taxes and duties on rawmaterials; and

(h) access to bonded manufacturing systems.

27.The County Executive Committee Member mayliaise with the department responsible for matters relatingto credit unions, co-operatives and other lendinginstitutions to put in place measures to encourage theextension by such institutions of credit to persons withdisabilities.

PART YI - MISCELLAI\IEOUS

28. (1) A person is guilty of an offence if the person-(a) fails to comply with an adjustment order issued

under this Act;(l) discriminates against a person with disability

uontrary to this Act; or(c) on the ground of any ethnic, communal, cultural or

religious custom or practice, discriminates againsta person with a disability.

(2) A person who is convicted of an offence undersubsection (1) is liable to a fine not exceeding twentythousand shillings or to imprisonment for a term notexceeding one year or to both such fine and imprisonment.

(3) A person found guilty of an offence under thissection may in addition to the penalty imposed by the court

Promotion ofacccssto credit.

FsiluiE to obcy eradjurtmcnt odrr snddircriminadon.


be ordered to pay the person injured by the offence suchsums of money in compensation as the court may deemappropriate.

29. (1) No parent, guardian or next-of-kin shallconceal any person with a disability in such a manner as todeny such a person the rights set out under this Act or anyother law.

(2) A person who contravenes subsection (1) is guiltyof an offence and is liable on conviction to a fine notexceeding twenty thousand shillings or to imprisonment fora term not exceeding one year or to both such fine andimprisonment.

30. (1) Any person who, being a doctor or othermedical practitioner, negligently causes a disability to apatient is guilty of an offence and is liable on conviction toa fine not exceeding one hundred thousand shillings or toimprisonment for a term not exceeding one year, or to bothsuch fine and imprisonment.

(2) The court may order a doctor convicted under thissection to pay to the patient such sums of money incompensation as it may deem appropriate.

31. A person is guilty of an offence if the personknowingly gives false information to the Board for thepurpose of being registered or for the purpose of acquiringany privilege or right due to persons so registered.

32. A person found guilty of an offence under this Actfor which no penalty is expressly provided shall be liable to& fine not exceeding ten thousand shillings orimprisonment for a term not exceeding one year, or bothsuch fine and imprisonment.

33. (l) The Board may cause to be taken appropriatelegal action if the Board believes that-

(a) a person or group of persons is engaged in apractice which is discriminatory under this AcUand

(b) the discrimination is a significant and substantialinfringement of the rights of persons withdisabilities and raises issues of public interest.

34. The Couuty Executive Committee Member maymake regulations generally for the better carrying out of the

Concealment ofpersons withdimbilities.

Negligence bydoctor.

Giving falseinformation to get

registered.

General penalty.

Enforcempot.

Regulations.

Tlw Kisumu County Persons Living with Disabilities Bill,2014

provisions of this Act and, without limiting the generalityof the foregoing, may make regulations-

(a) prescribing the procedures, forms and feesapplicable under this Act;

(b) specifying and describing the nature of acts ofdiscrimination against persons with disabilities;and

(c) prescribing the procedure and forms for personsentitled to subsidized medical care under this Act.

SCHEDT]LE

PROVISIONS AS TO THE CONDUCT OF BUSINESSAND AFFAIRS OF TIIE COUNTY BOARI)

1. A member of the County Board may-(a) resign his office by notice in writing to the County

Executive Committee Member; or

(b) be removed by the County Executive CommitteeMember by notice in writing if he-(i) is subject to a vote calling for his removal by a

two thirds majority of all members of theCounty Board;

(ii) has been absent from five consecutivemeetings of the County Board withoutpermission of the chairperson;

(iii) is so incapacitated by prolonged physical ormental illness as to be unable to attend to andperform his duties;

(iv) is an undispharged bankrupt;

(v) is sonvictpd by a Court of an offencepunishable by a ter-m of imprisonment; or

(vi) is ot[erwise unable or unfit to discharge hisfunctio4s,

2. Where thp offiqe of a member becomes vacant thevacancy may with the ppproual of the Counfy ExecutiveCommittee Member be filled through the majority vote of


the members for the remainder of the term.

3. The County Board shall pay to its members suchremuneration as the County Executive Committee Membermay approve.

4. The County Board shall meet not less than fourtimes in every year and not more than four months shallelapse between the date of one meeting and the date of thenext meeting.

5. A meeting of the County Board shall be held onsuch date and at such time as the County Board shalldecide, or in the absence of such a decision if thechairperson decides that a meeting is necessary, on a dateand at a time determined by the chairperson.

6. Unless otherwise decided by a two-thirds majorityof the members of the County Board, at least fourteendays' written notice of every meeting of the County Boardshall be given to every member of the County Board.

7. The quorum of a meeting of the County Board shallbe fifteen members.

8. (l) The chairperson, or in his absence, the vice-chairperson, shall preside at every meeting of the CountyBoard.

(2) in the absence of both the chairperson and vice-chairperson, the members present may choose one of t1...-'number to preside at the meeting.

9. A decision of the majority of members of theCounty Board present at any meeting of the County Boardshall be deemed to be the decision of the County Board andif upon any question the voting shall be equal, thechairperson, vice-chairperson or other person presidingshall have a second and casting vote.

10. No act, decision or proceedings of the CountyBoard shall be invalid on account of a vacancy in themembership thereof or on account of the appointrnent of amember of the County Board being defective


MEMORI]NDUM OF REASONS AI\D OBJECTS

The principal object of this Bill is to provide for the rights andrehabilitation of persons with disabilities, to achieve equalization ofopportunities for persons with disabilities and to establish the KisumuCounty Board for Persons with Disabilities.

The structure of the Bill is as follows:

Part I provides for preliminary matters. It provides for short title andcommencement date, interpretation and objects of the Act.

Part II of the Bill establishes the Kisumu County Board for Personswith Disabilities provides for its administrative framework and presqribesits functions and the powers of the Board. The Board shall comprise ofkey County officials and other appointees to ensure gender issues aremainstreamed. Among the functions of the Board include the formulationof policies, registration of persons with disabilities, issuance of adjustmentorders, provision of assistive devices and other appliances and equipment.

Part III provides for the rights of persons with disabilities and requiresthe county government to take progtessive measures to the maximum of itsability to avail resources for the full realization of the rights. Among therights set out in this Part include the right not to be discriminated in anyemployment opportunity, right not to be discriminated in an educationalinstitution, right to special health treatment, right to accessibility andmobility, right to sports and recreation and the right to voting. This Part alsomakes provision for certain privileges to be enjoyed by persons withdisabilities. These include incentives to employers who employ persons withdisabilities, income tax exemptions for persons with disabilities andpromotion of access to credit.

Part IV contains miscellaneous provisions. These include offences,penalties, enforcement measures and the power by the County ExecutiveCommittee Member to make Regulations.

The enacfinent of this Bill shall occasion additional expenditure ofpublic funds which shall be provided for in the county government ofKisumu estimates.

Dated the 2nd October,2014.CAROLINE AWUOR AGWANDA..

Nominated Member of County Assembly.

kisumu county persons living with disabilities bill, 2014

Documents