Kenya has taken a monumental step forward in promoting the rights and freedoms of persons with disabilities (PWDs), thanks to the tireless efforts of Senator Crystal Asige. The newly assented Persons with Disabilities Act is a transformative piece of legislation that updates and expands upon the foundational 2003 Persons with Disabilities Act. Here are the key provisions of the new law, its alignment with global standards, and its potential impact on the lives of millions of Kenyans living with disabilities.
Why the New Act Was Necessary
The 2003 Persons with Disabilities Act was Kenya’s first legal framework for protecting the rights of PWDs. However, it was outdated, having been enacted before the 2010 Constitution and the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2008. Senator Asige noted that the previous law was not aligned with constitutional provisions or global standards, leaving many gaps in the protection and promotion of disability rights.
Additionally, the 2003 Act failed to account for technological advancements and the evolving needs of PWDs. With over 20 years of societal and technological changes, the new law was urgently needed to address these shortcomings.
Key Provisions of the New Persons with Disabilities Act Led By Crystal Asige
The new law introduces several groundbreaking measures aimed at improving the lives of PWDs and their caregivers. Here are some of the highlights:
- Tax Incentives for Employers: Employers who hire PWDs or retrofit their workplaces to accommodate them will receive tax exemptions. This provision aims to encourage inclusivity in the workplace and reduce unemployment among PWDs.
- Extended Retirement Age: The retirement age for PWDs has been increased from 60 to 65 years. This change acknowledges the barriers PWDs face in accessing education and employment, which often delay their entry into the workforce.
- Support for Caregivers: Parents and caregivers of PWDs will receive exemptions from taxable income. This provision recognizes the financial burden of raising or supporting a person with a disability, such as costs for therapy, medication, and specialized education.
- Inclusive Education: The Act mandates inclusive education, ensuring that children with disabilities can learn alongside their peers in mainstream schools. This approach fosters tolerance, equity, and understanding from an early age.
- Voting Accessibility: The law requires voting materials and polling stations to be accessible to PWDs, ensuring their privacy and independence during elections.
- Protections Against Exploitation: It is now illegal to use PWDs, especially children, for begging or exploitative purposes. Violators face fines of up to 5 million Kenyan shillings or five years in prison—or both.
- Recognition of Neurodiverse Disabilities: For the first time, neurodiverse conditions such as autism, Down syndrome, and dyslexia are formally recognized under Kenyan law. This is a significant step toward inclusivity and understanding of invisible disabilities.
Global Alignment and Inspiration
The new Act aligns with the CRPD, which Kenya ratified in 2008. The CRPD emphasizes the rights of PWDs to live independently, access education, and participate fully in society. By incorporating these principles, Kenya joins other nations in advancing disability rights on a global scale.
For example, countries like Canada and Australia have implemented similar tax incentives for employers and caregivers, demonstrating the effectiveness of such measures in improving the quality of life for PWDs. This is a key focus in the new act of parliament brokered by Crystal Asige
Challenges in Implementation
While the new law is a significant milestone, Senator Crystal Asige emphasized the importance of implementation. Key challenges include:
- Data Collection: Kenya lacks accurate data on the number of PWDs. The 2019 census reported only 900,000 PWDs, a decrease from 1.3 million in 2009, which is statistically improbable. A special census is needed to provide accurate numbers for budgeting and programming.
- Training for Healthcare Workers: Many healthcare workers are not equipped to identify and assess the full range of disabilities, particularly neurodiverse conditions. Sensitization and training are critical to ensure accurate assessments.
- Public Awareness: Destigmatization remains a major hurdle. Many PWDs and their families face societal discrimination, which discourages them from seeking support or registering for benefits.
The success of this law depends on collective action. Here is how society can contribute to inclusion of persons with disabilities;
- Employers: Hire PWDs and retrofit your workplace to accommodate them. Take advantage of the tax incentives while fostering inclusivity.
- Parents and Caregivers: Register your loved ones with disabilities to ensure they receive the benefits they are entitled to.
- Advocates: Spread awareness about the new law and its provisions. Use social media, community forums, and educational platforms to educate others.
- Government and Private Sector: Invest in sensitization campaigns, training programs, and infrastructure to support PWDs.
Senator Crystal Asige’s leadership in championing the Persons with Disabilities Act is a testament to the power of inclusive policymaking. This law has the potential to transform the lives of millions of Kenyans, ensuring that PWDs are not just seen but heard, valued, and empowered.
As Kenya moves forward, it is crucial for all stakeholders—government, private sector, and citizens—to work together to implement this law effectively. By doing so, we can create a society where everyone, regardless of ability, has the opportunity to thrive.
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