(2) Without prejudice to the provisions of subsection (1), the Council shall have power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions and in particular— (a) to conduct inquiries into any matter relating to the welfare and rehabilitation of persons with disabilities; (b) to constitute committees consisting of its members, and where necessary to co-opt experts to serve on such committees with the approval of the Minister; (c) to vest in or delegate to any committee constituted under paragraph (b) such of the functions of the Council as the Council may with the approval of the Minister determine; and (d) with the approval of the Minister, to engage or make other arrangements with any other person to carry out research on, or supply information on, any matter relating to the welfare and rehabilitation of persons with disabilities. The funds of the Council shall consist of the following— (a) funds voted by Parliament; and (b) funds the Council may receive as a result of public and private appeal from local and; international donors or agencies for the purposes of carrying out its functions. (1) The financial year of the Council shall be from the 1st July of one year to the 30th June of the following year.
(2) The Council shall ensure that proper accounts and other records are kept in relation to the revenue and expenditure of the Council and ensure that, within three months of the end of each financial year of the Council, a statement of accounts of the Council is prepared and audited by an external auditor appointed by the Council and approved by the Minister. The Council shall prepare an annual report of its activities which shall be presented to the Minister and all other Government agencies involved in the work of the Council.
(2) Notwithstanding subsection (1), an employer shall be deemed not to have discriminated against a person with a disability if— (a) the act or omission alleged to constitute the discrimination was not wholly or mainly attributable to the disability of the said person; (b) the disability in question was a relevant consideration in relation to the particular requirements of the type of employment concerned; or (c) special facilities or modifications, whether physical, administrative or otherwise, are required at the work place to accommodate the person with a disability, which the employer cannot reasonably be expected to provide.
(3) A complaint by a person with a disability that his employer has discriminated against him in a way which is contrary to this Act may be presented to the Industrial Court through the appropriate trade union.
(6) Upon hearing an appeal under subsection (5) the Court may— (a) confirm, vary or set aside the adjustment order appealed against; and (b) make such order as to the costs of the appeal as it thinks fit. (1) No person shall, on the ground of disability alone, deny a person with a disability— (a) admission into any premises to which members of the public are ordinarily admitted; or (b) the provision of any services or amenities to which members of the public are entitled, unless such denial is motivated by a genuine concern for the safety of such person.
(2) The proprietor of premises referred to in subsection (1) (a) shall not have the right, on the ground of a person’s disability alone, to reserve the right of admission to his premises against such a person.
(2) Persons with disabilities shall be entitled to participate in all national and international sports events.(4) Any contract for employment or for provision of goods, facilities or services, or any other agreement, shall be void insofar as it purports to deny any person any rights or privileges conferred under this Act or in any other way to limit the operation of this Act.(5) An employer shall provide such facilities and effect such modifications, whether physical, administrative or otherwise, in the workplace as may reasonably be required to accommodate persons with disabilities.26 Offences-Adjustment orders and discrimination (1) A person is guilty of an offence if he— (a) fails to comply with an adjustment order served under section 24; (b) contravenes section 12(1) or discriminates against a person contrary to section 12; (c) discriminates against a person contrary to section 15 (1); (d) contravenes section 25 (1) or discriminates against a person contrary to section 25; or (e) on the ground of any ethnic, communal, cultural or religious custom or practice, discriminates against a person with a disability.(2) A person who is convicted of an offence under subsection (1) is liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.