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Evolution and devolution of rights: Persons with disabilities (Amendment) Bill, 2022 in context

This paper analyses, contextualizes and reviews the Persons with Disabilities (Amendment) Bill, 2021. It gives a basic introductory structure, characterized by preliminary information and background to the proposed law. It further breaks down the Bill, discussing the constituent amendments as aligned with the Constitution of Kenya, 2010 and International Law. As a departure from the principle legislation, the Persons with Disabilities Act, 2003; the Bill reflects the social, cultural and economic challenges, dynamics and realities of persons living with disabilities in Kenya since the enactment of the inaugural law in 2003. While the evolution of these disability specific-rights is a matter of time; the devolution of these rights complies with the devolved governance structure and system in Kenya. This paper, therefore, seeks to demonstrate the evolution and devolution of disability rights through the adoption of the guiding principles and expansion of these rights. The paper further touches on the areas cured by the Bill and concludes by discussing the challenges and practicality of implementation of the Bill once assented into law.

The Persons with Disabilities (Amendment) Bill, 2022 is primarily an amendment to the principle legislation, the Persons with Disabilities Act.[1] This is to say, it is a draft Bill containing proposed changes to the law dealing with the rights of persons with disabilities in Kenya.[2] The Principle Act represent the first attempt to codify disability-specific […]