New law to ease life for disabled

After years of relying on the generosity of their able-bodied family members and friends, persons with disability in Kenya have cause to welcome the new year with smiles.

Soon, they will be able to access public buildings, operate public telephones and board public service vehicles (PSVs) on their own, thanks to a 2003 Act of Parliament that came into effect almost seven years later.

Nominated councillor and founder of Kenyan Paraplegic Organisation Timothy Wetang’ula said this is the best thing to happen to the 1.6 million Kenyans who live with disabilities. “I think it’s great because I have had to depend on fellow councillors for long at City Hall where I work,” he said.

Gender and Children’s Affairs minister Esther Murugi designated January 1, 2010, as the date sections of the Persons with Disabilities Act (2003) started to come into effect. The sections of the Act that have become operational from New Year’s Day include 22, 23, 24, 35 (1), 35 (2), 39 and 40.

Among the Act’s provisions, owners of public buildings will now have to adjust them to suit disabled persons. This includes setting up ramps for those in wheel hairs and other adjustments “in such manner as may be specified by the council”.

Owners of such buildings have until 2015 to implement this requirement. But PSV operators are required to adapt their vehicles to suit persons with disabilities by 2012.

Income tax

The law also exempts persons with disabilities from paying income tax or any levy on their incomes provided they apply for a waiver. Section 35 (1) of the Act says: “All persons with disabilities who are in receipt of an income may apply to the minister responsible for finance for exemption from income tax and any other levies on such income.”

With the exception of popular Mexican soaps and other foreign programmes, the Act, in section 39, makes it mandatory for television stations to “provide a sign language inset or sub-titles in all newscasts and educational programmes, and in all programmes covering events of national significance.”