Kakuma, September 3, 2024 (Public Communications and Media Relations)
The Kenya Law Reform Commission (KLRC) and the Turkana County legal team met stakeholders of Persons with Disabilities and unpacked the PWD Bill 2024.
Prompted by recommendations of the Controller (COB) of Budget that queried sections of Turkana County Persons With Disabilities Act 2017, the unpacking also aimed to align the sections with relevant laws.
Specifically, the COB had raised concerns on Section 10(3) and 12 (1) provides for tax exemptions on all income for employees. In addition to this, Section 28 and 29, provides for annual appropriation of funds to the Persons With Disabilities Fund.
Further, Article 228 (5) of the Constitution obligates the Controller of Budget to authorise withdrawals only if satisfied that the same complies with the law.
According to the letter to the County Executive For finance and Economic Planning by then in 2019, the COB observed that under Article 209 (1) (a), the imposition of income tax is to exclusive mandate of the National Government. Consequently, the County legislations cannot purport to grant exceptions on income tax. On annual appropriation of Funds, office of the COB said that is contrary to Regulation 197 of the Public Finance Management (County Government), regulations 2015, which provides that public Funds should not only rely on annual appropriations.
On the Persons With Disabilities Development Fund, the office seem not to be clear under which function under Part II of the of the Fourth Schedule of the Constitution, on the functions devolved to the Counties Fund Falls.
Speaking at the meeting supported by World Food Programme (WFP) in Kakuma, the Chief Officer for Education and Social Protection, Moses Korea said, “the Disabilities Bill 2024, will mark a significant step to further realise the rights of persons with disabilities in the county, establish a framework for collection and maintenance of information on persons with disabilities in the county and to facilitate periodic assessment of the status of implementation of the rights of persons with disabilities in the county.”
He lauded WFP for walking the journey with the Department from the initial stages and on so many occasions up to the last validation exercise. Chief Korea guaranteed the unconditional support of his Department to WFP and other partners. With the same reason, CCO called on WFP to continue supporting the exercise until when the Bill will be passed and enacted.
On the same line, his counterpart Joseph Epuu, the CCO for Gender and Youth Affairs acknowledged the fully involvement of the Disability community in the review and validation of the proposed Bill noting the contributions, views and suggestions by them, will result to their inclusivity and ownership of the Bill.
Chief Epuu recognised the contributions of WFP and KLRC in formulation of similar Bills in Wajir, Garissa, Isiolo and Makueni Counties, which, he said, are already operational and benefits already realised. He proposed immediately after the approval of the Bill, the County and WFP should establish a roadmap of designing programmes that are aimed at supporting and empowering the PWDs in meeting their needs.
CCO categorically pointed out, “Kenya School of Government through WFP has formulated curriculum on Social Protection Course, which has generated a lot of enthusiasm and impact to the PWDs to sharpen their skills and acquire knowledge on such critical programmes just like other people.”
Mary Waweru, who represented WFP-Nairobi Office in the validation meeting, expressed her satisfaction to the level the Bill has reached, and was optimistic the Turkana County Assembly would soon consider and approve it.
Mark Amiyo, who is the Director of Social Protection assured the PWDs of the commitment of his Directorate to monitor the implementation of national and county policies, legislation and guidelines for the protection and promotion of the welfare of persons with disabilities in Turkana County.
He informed the stakeholders that all the recommendations raised by the COB on the validity of TCPWDs Bill 2017, have sufficiently been addressed, and has resulted to the proposed PWDs Bill 2024. Amy said, once the Bill approved, the PWDs community will reap the biggest!
On compliance, part of the Bill had proposed, “a person who, without reasonable or justifiable cause, fails to implement measures recommended in the assessment report within the compliance period commits an offence and is liable, on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year.”
The meeting was attended by key stakeholders; County PWDs leadership, PWD Board, Scholars, PWD Consultants, Sub-county administrators, legal teams, Red Cross Society of Kenya, USAID Nawiri, NCPWDs, OPDs, WFP-Lodwar and Social Protection Officers.
