payment of income tax pursuant to Section 12 (3) of the Persons with Disabilities Act which enables
them to secure additional disposable income. To this end, the National Council for Persons with
Disabilities facilitates the exemption of persons with disabilities registered with the Council from the
payment of income tax. During the 2009-2010 Financial Year, subsidiary legislation (Rules and
Regulations) was gazette to govern the tax exemption regime in relation to personal income of persons
with disabilities;
271. The National Council for Persons with Disabilities is in the process of carrying out a census to
determine the number of persons with albinism in Kenya for the purposes of providing them with
sunscreen lotion and other services to protect them from harmful sunrays.
Article 19: All peoples shall be equal
272. Government policy on equality is guided by Article 27, which guarantees equal and effective
protection against discrimination on grounds of race, colour, sex, language, religion, political or other
opinion, nationality, ethnic or social origin, disability, property, birth or other status. The State is
required to enact legislation and formulate policies to address inequalities in society, suffered by
individuals or groups who because of various factors have remained disadvantaged. Schedule 5 of the
Constitution directs that a legal framework for the protection of marginalized people should be in place
by 2015. Kenya is now devolved into 47 counties. Each government is expected to empower their
respective regions to ensure equal economic, social and cultural development.
273. The Constitution also promotes “equality” has an important national value and principle of
governance, which must bind all state organs , state officers, public officers and all persons whenever
they apply or interpret the constitution, enact laws and develop or implement public policies. A draft
National Policy on National Values and principles of Governance has been developed and adopted by
the Cabinet. The policy provides broad guidelines to government, non-state actors and citizens to
develop action plans to mainstream National Values and Principles of Governance, as provided for in
Article 10 of the Constitution, into their day-to-day programmes and activities, and ultimately ensure
that the shared values become a way of life for the people of Kenya.
Article 20: Right of peoples to existence and self determination
274. Kenya is a sovereign republic and a multiparty democratic State. Indeed, the Preamble of the
Constitution of Kenya provides that Kenyans exercise their “…sovereign and inalienable right to
determine the form of governance of our country”. Article 1 stipulates that all sovereign power belongs
to the people of Kenya and shall be exercised either directly or through democratically elected
representatives through the Parliament and the legislative assemblies in the county governments; the
national executive and the executive structures in the county governments; and (c) the Judiciary and
independent tribunals. The principle of non-discrimination runs throughout the Constitution as a
further affirmation of the country’s commitment to recognise and protect the diversity of the people in
Kenya and their right to self-determination as equal members of the Kenyan population. The
Government of Kenya promotes respect for all cultures, ethnicities, races, gender, political opinions
and religious beliefs.
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