New Bill Seeks to Raise Fine for Persons Discriminating Against PWDs From Ksh 20K to Ksh1M

A picture of a Kenyan counting money
A picture of a Kenyan counting money
Photo
AJ Kenyan Safaris

Kipipiri Member of Parliament Wanjiku Muhia proposed an increase in the fine meted out to anyone caught discriminating against persons living with disabilities.

Through the Persons With Disabilities (Amendment) Bill 2023, those found guilty will be fined Ksh1 million up from Ksh20,000.

The bill will require the National Council for Persons With Disabilities to specify the type of disability when registering individuals in their system.

"Further the amendment seeks to require the Council to use dignified language in the registration of persons with disabilities and discourages the use of undignified, disrespectful or offensive names and language when referring to persons with disabilities," the MP stated.

Kipipiri MP Wanjiku Muhia addressing a crowd at a past event
Kipipiri MP Wanjiku Muhia addressing a crowd at a past event
DPPS

Muhia noted that the bill will amend the provisions of the Persons with Disabilities Act 2003.

Some of the offences include discriminating against the said persons from getting employment opportunities

Per the Act, a qualified individual with a disability shall be subjected to the same terms and conditions as their able-bodied counterparts. 

Additionally, employers should not discriminate against individuals with disabilities regarding job advertisements, recruitment, job creation, classification or abolition of positions, provision of necessary facilities and determination of wages, salaries, pensions, accommodations, and leave.

According to the Act, no person is allowed to bar persons of disability from accessing a building or public premises without a valid reason.

"A person with a disability who is denied admission into any premises or the provision of any service or amenity shall be deemed to have suffered an injury and shall have the right to recover damages in any court of competent jurisdiction," reads part of the Act.

Further, a person shall be guilty of discriminating against a person with a disability based on ethnic, communal, cultural or religious custom or practice.

All those found guilty will be brought to court on the charge and required to compensate the injured party with a sum of money.

This was established to provide for the rights and rehabilitation of persons living with disabilities to achieve equalisation of opportunities and to establish the National Council for Persons with Disabilities.

PWDs during International Day of Persons With Disabilities on December 2, 2020.
PWDs during International Day of Persons With Disabilities on December 2, 2020.
NGEC