265. The Witness Protection Act 2008 (Chapter 79 of the Laws of Kenya), establishes the Witness Protection
Unit which is obliged to give due regard to the particular needs persons with disabilities.
266. To ensure the effective implementation of the PWD Act, 2003 and give greater effect to the UNCRPD,
the following pieces of subsidiary legislation were made: a) The Persons with Disabilities (Access to Employment, Services and Facilities) Regulations, 2009.
b) The Persons with Disabilities (Cost Care, Support and Maintenance) Regulations, 2009.
c) The Persons with Disabilities (Registration) Regulations, 2009.
d) The Persons with Disabilities (Income Tax Deductions and Exemptions) Order, 2010.
e) The Persons with Disabilities (National Development Fund for Persons with Disabilities)
(Conduct of Business and Affairs of the Board of Trustees) Regulations, 2009.
Policy and administrative measures
267. Besides the legislative framework , the Government of Kenya has in place a number of policies that
protect and promote the rights of persons with disabilities. It is worth noting that the Government now
requires that all policies that are being developed must mainstream and take into consideration issues
relating to the rights of persons with disabilities. Some of the policies that are in place or currently
being developed include:
a) The National Disability Policy
b) The Draft Special Needs Education Policy
c) The Draft National Social Protection Policy
d) Draft Human Rights Policy
e) The National Land Policy
268. Administrative measures taken to eradicate the link between poverty and disability include the
provision of financial support to organisations and individuals as follows: The Public Procurement
(Preference & Reservations) (Amendment) Regulations was developed in 2013 to allow 30 per cent of
public contracts to be given to the youth, women and persons with disability without competition from
established firms. The Uwezo Fund was then set up by his Excellency the President to enable women
and youth access to grants and interest-free loans to take advantage of the 30% share.
269. The National Development Fund for Persons with Disabilities was operationalised in 2010 with an
allocation of KES 200 million. It provides assistive devices and services that improve mobility and
access including wheelchairs, crutches, surgical shoes, hearing aid, white cane and others; educational
assistance such as scholarships for persons with disabilities; economic empowerment and revolving
fund to help groups of persons with disabilities to set up small businesses or revolving fund schemes;
infrastructure and equipment assistance or social care and education institutions that provide services
to persons with disabilities; and cash transfers to support households of persons with severe disabilities
who are in extreme poverty. Since 2009, the National Fund for the Disabled of Kenya has
been receiving a grant of Kshs 100 million from the Government annually to help persons with
disability countrywide.
270. In April 2011 a Cash Transfer Programme was created for Persons with Severe Disabilities targeting 10
households in every electoral constituency. Persons with Disabilities are also exempted from the
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