ADVOKS GLOBAL · KENYA
Persons with Disabilities Act
5. Obligations of county governments
Edition: 2025-05-13 · In force
5. Obligations of county governments
(1)Every county government shall—(a)implement national policies for the protection and promotion of the rights of persons with disability;(b)allocate adequate resources to programmes specifically targeting persons with disability;(c)ensure access to free and compulsory pre-primary education and other social amenities to every child with disability;(d)coordinate and disseminate information on government sponsored and non-government sponsored programmes targeting persons with disability within the respective counties;(e)promote the inclusion of persons with disability in the county public service by putting in place measures to ensure that at least five per centum of the employment positions are filled by persons with disability;(f)adopt affirmative action in procurement of county government goods and services by implementing preferential procurement for individuals or entities established or managed by persons with disability; and(g)ensure inclusion of persons with disability in all mainstream programs and interventions.(2)In ensuring that a county government meets its obligations under subsection (1), the county executive committee member responsible for matters relating to persons with disability in each county shall—(a)advise the respective county governor on the appropriate measures and interventions to be put in place for the protection of persons with disability in the county;(b)develop mechanisms for the identification of persons with disability residing in the county;(c)liaise with the Council to maintain a database of persons with disability residing within the respective county containing the following information regarding the persons with disability—(i)the name, age and place of residence of the person;(ii)the type of disability of the person;(iii)the education level of the person;(iv)the health needs of the person;(v)the employment status of the person;(vi)any interventions made in relation to the person; and(vii)any other information that the county executive committee member may consider necessary;(d)monitor and evaluate the progress by the county in ensuring the realisation of the rights of persons with disabilities under Article 54 (1) of the Constitution;(e)formulate and implement programmes aimed at promoting the socio-economic development, including participation in cultural life, recreation and sports, by persons with disability in the county;(f)coordinate the implementation of programmes developed by the Council and the Authority relating to persons with disability in the county; and(g)prepare and publish reports containing statistical or other information relating to programmes and effect of the programmes carried out by the county in relation to persons with disability.(3)The county executive committee member may, for the effective performance of the functions under subsection (2), designate a public officer within the county public service or constitute a committee to perform such functions as the county executive member may determine.(4)Where the county executive member constitutes a committee under subsection (3), the committee shall consist of—(a)a person with disability, who resides within the respective county;(b)two public officers serving in the respective county public service;(c)two members of the public with knowledge or experience on matters relating to the welfare, rehabilitation and the management persons with disability and belong to a related group or organization; and(d)such other persons, not exceeding two, as the county executive committee member shall consider necessary for the performance of the functions of the committee.(5)In constituting a committee under subsection (4), the county executive committee member shall ensure that not more than two thirds of its members shall be of the same gender.(6)The respective county government shall enact county specific legislation to provide for—(a)procedure for nomination and appointment of the members of the committee;(b)such further qualifications for appointment to the committee as may be considered appropriate;(c)the term of appointment;(d)the criteria and procedure for removal of a member from the committee; and(e)such other matters as the county government shall consider necessary.