NAIROBI, Kenya, Feb 22 – A draft legislation that seeks to compel employers to carry out appropriate modifications in their work premises to accommodate persons with disabilities has been formally in the National Assembly.
Should the Bill which is sponsored by Majority Leader Amos Kimunya become law then Public and private entities would be compelled to revamp all their existing entry, exits, and other facilities used by employees readily accessible to and usable by PWDs.
“Where no modifications are possible wherever practicable, assistive services shall be made available to persons with disabilities or reservation of goods and services for use by persons with disabilities,” reads the Bill tabled on Tuesday.
The government-backed legislation proposes the appointment of Inspectors by the proposed National Council for Persons with Disabilities who shall be empowered to investigate and recommend prosecution or other remedies against those who infringe the law.
“Any person found guilty of an offence under General penalty, this Act for which no penalty is expressly provided shall be liable to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding two years, or both,” Kimunya proposes in the Bill.
If the Bill becomes law then employees with disabilities will enjoy tax reliefs and also tax exemption for materials and equipment imported for use by persons with disabilities.
The draft legislation provides that every Government agency putting up residential and commercial buildings shall reserve at least five percent of the said residential and commercial buildings for acquisition by persons with disabilities and the terms and conditions at such acquisition to persons with disabilities shall include interest-free and longer periods of repayment.
The Bill, which proposes to repeal the existing disability laws, further provides that all media houses will dedicate at least one hour of free airtime every month to educate the public on issues of disability.
“The Council shall coordinate the production of at least one column in the print media every month for purposes of the subsection,” the Bill states.
All government ministries, departments, and agencies shall be required to appoint a senior ranking officer to head a proposed Disability Mainstreaming Unit.
The officer shall be required to submit annual reports to the Council outlining progress and compliance and any challenges faced.
“The purpose of the Unit shall include carrying out regular inspections to ensure implementation and compliance with provisions of this Act and liaising with the Council on disability matters,” read the Bill.
A person not being a doctor or medical practitioner, who causes a disability to another person or who through negligence or deliberately worsens the disability of another person, commits an offence and is liable on conviction to a fine not exceeding Sh10 million or to imprisonment for a term of five years of both.
