Persons with Disabilities Act

The Act's short title is "Persons with Disabilities Act, 2025."

This section defines terms used in the Act, listing definitions such as "assistive devices", "reasonable accommodation", "persons with disabilities" and others.

Section 3 lists guiding values and principles including full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; access to information; equality between men and women; and respect for the evolving capacities of children with disability and respect for the right of children with disability to preserve their identities.

The National government must develop policies to protect and promote the rights of persons with disability.

County governments must implement and resource programmes for persons with disabilities, ensure access to education and services, promote inclusion in public service (including 5% targeted positions), use preferential procurement for disability-led entities, and include persons with disability in mainstream programs; the county executive committee member may designate officers or constitute committees and must ensure gender balance when constituting such committees.

Women with Disability Section participate in social, economic and political decision-making and other related activities.

Lists rights of children with disabilities including birth registration, evolving capacities, expression of views, assistance, family life, inclusive education, healthcare, and protection from abuse.

Youth with disabilities are entitled to enjoy human rights and fundamental freedoms on an equal basis with other youth; the section lists measures to promote inclusion, accessibility, education, ICT access, credit, and participation.

Older members of Society with disabilities access social protection programmes.

Persons with disabilities have the right to be issued identity and registration documents free of charge and not to be deprived, on the basis of disability, of the ability to obtain or use such documents and related processes.

Every Person with disability has a right to respect for their physical and mental integrity and to security, including survival, liberty, protection and development.

Every person with disability is entitled to human dignity and to have that dignity respected and protected.

Persons with disabilities have the right to protection from abuse, and people who know or work with them must report suspected or likely abuse to law enforcement, which must act immediately; failure to report is an offence punishable by fine or imprisonment.

Persons with disabilities are entitled to protection in situations of risk; various institutions and emergency services must take measures to ensure their safety, keep inventories (subject to data protection) and consider accessibility in emergency construction.

Persons with disabilities are entitled to specific measures to accelerate equal participation across social, cultural, economic, civil, political or other fields; public and private institutions must take effective and, where appropriate, specific measures to improve their economic and social conditions.

Section 20 guarantees persons with disabilities rights to admission and inclusive, quality education on an equal basis; requires governments and learning institutions to ensure access and provide supports; makes denial of admission an offence punishable by fine or imprisonment.

Employers must not discriminate against persons with disabilities and must take positive steps—including reserving at least 5% of jobs (where they have 20+ employees), making workplace modifications, formulating policies, submitting an annual report to the Council, and applying measures for promotions and training.

If an employee with a disability is disadvantaged at work because of the disability, that employee shall be eligible for a position at the same rank with adequate support.

Private employers who employ persons with disabilities may apply for tax deductions: 25% of salary/wages for such employees (with Council certification) and an additional 50% of direct costs for physical or service accommodations.

Section 24 establishes multiple health-related rights for persons with disabilities (including access to the highest attainable standard of health, sexual and reproductive health rights, information, respectful treatment, free medical care in public institutions, and access based on free and informed consent), requires national and county governments to provide adequate Kenyan Sign language interpreters in health institutions, and prohibits medical procedures causing infertility without express consent (with a medical-necessity exception for minors).

Council to participate in Health Programmes; early identification of disability.

Section 26 guarantees persons with disabilities rights to access information and communication technologies and imposes obligations on public and private institutions, media, telecommunications entities, television stations and higher learning institutions to provide accessible formats and services; the Communications Authority must make regulations on photosensitive epilepsy risks; non‑compliance can lead to license suspension until compliance.

Institutions that provide financial services, including online services and mobile money, must ensure their services, equipment and platforms are available to persons with disabilities in accessible formats and technologies.

Persons with disabilities have rights to effective access to justice (including accommodations and exemptions from certain fees); specific entitlements and duties for authorities are set out, and law enforcement must consider disability during arrest, detention, investigation, trial or confinement.

Section 29 guarantees persons with disabilities rights to participate in sports, recreation, leisure and cultural activities and creates duties on governments, institutions and curriculum agencies to ensure accessibility and support.

The section establishes rights to accessibility and personal mobility for persons with disabilities and requires public/private institutions, relevant government agencies, the Council, and the Cabinet Secretary to adopt and ensure compliance with accessibility standards for the built environment, transport, information/communications and public services.

The Council may issue Adjustment Orders requiring owners or providers to make premises, services or amenities accessible to persons with disabilities, and persons aggrieved may appeal to the High Court within thirty days; failure to comply is an offence punishable by fine or imprisonment.

Section 32. Civic and Political rights forpersons with disabilities Section 32(1) Every Person with disability has a right to participate in political and public life and the opportunity to enjoy them on an equal basis with others, and to

Every person with disability is entitled to independent living and access to in-home, residential and other support services, including personal assistance; an employer may provide a special allowance to a person with disability.

A person who alleges a contravention relating to a person with disability may apply to the High Court for redress; the High Court must hear and determine the application and may make orders, writs or directions to enforce the Act.

Section 35 requires the Council to issue disability identification cards to persons with disabilities and certificates of registration to relevant institutions; it allows existing and newly formed organisations (those with at least seventy per cent persons with disabilities) to apply for registration, including an application window of twelve months for new organisations; and it prohibits the Council from denying unregistered persons with disabilities access to services under this part.

Persons with disabilities have the right to equality and non-discrimination, including equal protection, equal benefit of the law, and equal enjoyment of goods, services, facilities or accommodations.

Persons with disability are entitled to recognition as persons before the law and to equal legal capacity; they are entitled to support services to exercise that capacity; and they are entitled to own and inherit property and access financial services on an equal basis with others.

Section 8 gives persons with disabilities rights regarding marriage, family formation, control over sexual and reproductive health, protection from separation from their children on the basis of disability, and protection of property at, during and after marriage.

Persons with disabilities have a right to privacy; institutions must protect related confidential health and rehabilitation information and must not share it without the person's express authority.

Establishes the National Council for Persons with Disabilities and lists powers including suing and being sued, acquiring and disposing of property, borrowing, and performing other corporate acts.

The Council must have its headquarters in Nairobi and must establish other offices and decentralize services to other parts of the country as it considers necessary in accordance with Article 6(3) of the Constitution.

The Council must advise on and enforce accessibility, reasonable accommodation and non-discrimination for persons with disabilities in relation to information, goods, services, the built environment and participation in society.

theCouncil has the power to enforce and generally administer the provisions of this Act and any other related laws.

The Council may establish committees.

Section 41 specifies who composes the National Council for Persons with Disabilities (Chairperson appointed by the President drawn from organizations of persons with disabilities; Principal Secretaries or representatives; nominees from county governors and disability organizations; Executive Director as Secretary) and includes representation and eligibility requirements.

Sets minimum qualifications required for appointment as chairperson and members (Section 42(1) and (2)) and lists disqualifying conditions that bar appointment (Section 42(3)).

The Council members must, at their first meeting, elect one of their number as vice-chairperson; the person elected must be of the opposite gender and a different category of disability from the Chairperson.

Chairperson and members hold office for five years and may be re-appointed once; members may resign by written notice to the Cabinet Secretary (Chairperson to the President); the section lists multiple grounds of disqualification.

When a vacancy occurs among the Chairperson or members, the executive director must immediately notify the Public Service Commission; the Public Service Commission must within fourteen days publish a notice in two national newspapers and on specified websites to declare the vacancy and invite applications.

The Council appoints an Executive Director via an open, transparent and competitive recruitment process; the Executive Director serves as secretary and accounting officer, must meet specified qualifications, and holds office for three years renewable once.

The Council has the power to remove the Executive Director from office in accordance with the contract of service and the Employment Act.

The Chairperson and Members of the Council shall be paid allowances approved by the Cabinet Secretary with the advice of the Salaries and Remuneration Commission.

Section 49 authorises the Council to appoint staff, sets that appointed staff serve on terms determined by the Council, allows national and county governments to second public officers on request, deems seconded officers to be officers of the Council subject to its control during secondment, and permits the Council to establish a superannuation scheme and make insurance payments as required by law.

Section 50 assigns duties to the Council to make decisions under the Act, grants the Council the power to delegate those duties and to revoke or vary delegations, and requires a delegated power to be exercised according to the instrument of delegation.

The Council may conduct inquiries on request by members of the public or regulatory bodies, or on its own initiative where necessary; it must conduct inquiries when the Cabinet Secretary gives a written direction, and the Cabinet Secretary must specify the period for the Council's report.

Section 52 lists the sources of the Council's funds: (a) funds appropriated by the National Assembly; (b) moneys that accrue to or vest in the Council in the course of exercising its powers or performing its functions; and (c) grants, testamentary gifts, donations or other endowments given to the Council.

The Council's financial year is twelve months ending on 30 June each year.

The Council must keep proper books and records, prepare annual revenue and expenditure estimates at least three months before each financial year, and have audited accounts in accordance with the Public Audit Act and the Public Finance Management Act.

The Council must prepare and submit an annual report within three months after each financial year; the Cabinet Secretary must transmit it to the National Assembly within two months of receipt; the Council may publish and publicize the report as it determines.

Persons with disabilities receiving income may apply to the Cabinet Secretary responsible for finance for exemption from income tax and other levies; the Cabinet Secretary shall assess applications (in consultation with the Council) and may grant full or partial exemptions; certain goods and health materials for persons with disabilities are exempt from import duty and VAT; regulations may be made by the Cabinet Secretary in consultation with the Council.

Cabinet Secretaries may grant income tax exemptions or monthly social assistance transfers to qualifying parents or guardians of persons certified with severe disability, and the Cabinet Secretary must make regulations to implement this section.

Donations to Council-registered institutions for programmes for persons with disabilities can be allowed as deductions (subject to tax law and Council recommendation); the Cabinet Secretary responsible for finance may provide incentives to local manufacturers of assistive devices, subject to consultation and tax law.

The Cabinet Secretary for credit unions, co-operatives and other lending institutions may, on the advice of the Council and from time to time, develop guidelines to ensure persons with disabilities have equal access to bank loans, mortgages and other financial credit.

Employers of persons with disability are exempt from taxable income.

Certain materials and assistive devices for persons with disabilities, and specified persons and registered organizations, are exempt from postal charges; the Cabinet Secretary responsible for communications must make regulations in consultation with the Council; exemptions apply for personal or institutional items where registered with the Council.

Willfully and without lawful justification treating a person with disability in a way that contravenes Article 27(4) and (5) is an offence punishable by a fine not exceeding two million shillings or imprisonment not exceeding two years, or both.

Anyone who, because of a person’s disability, mistreats a person with disabilities or performs acts listed in subsection (2) commits an offence punishable by a fine not exceeding two million shillings or imprisonment not exceeding two years.

Parents, guardians, next of kin, and persons in charge of institutions must not knowingly conceal persons with disabilities in a way that denies them opportunities and services; contravention is an offence punishable by a fine not exceeding one million shillings or imprisonment for up to one year or both.

National and county governments must act to eliminate harmful practices against persons with disabilities; persons who commit or assist such practices commit an offence punishable by life imprisonment.

It is an offence for any person who knowingly denies food or fluids to a person with disability under their care or responsibility, or who aids or abets such denial; on conviction the person may be fined up to two million shillings or imprisoned for up to one year or both.

Any person who voluntarily or knowingly commits or abets degrading treatment of a person with disability (by words, signs, visible representations or otherwise) commits an offence punishable by a fine not exceeding one million shillings or imprisonment for up to one year or both.

It is an offence for a person to cause, procure, encourage or solicit a child or an adult with disabilities to engage in begging or receiving alms; on conviction the person may be fined up to two million shillings or imprisoned up to two years, or both.

Health professionals must not discriminate against persons with disabilities in consent and confidentiality; health care professionals must provide complete, accessible information for impairment-specific interventions; certain acts relating to infertility and facilitating such procedures are offences with fines and/or imprisonment; the Cabinet Secretary for health must review or develop guidelines within three months of commencement.

No person shall publish, circulate or display (or cause or permit) any publication that lowers or demeans the dignity of a person with disability or amounts to discrimination; contravention is an offence punishable by up to six months imprisonment or a fine not exceeding one million, or both.

Knowingly giving false information to the Council for the purpose of being registered or to acquire any right or privilege due to persons so registered.

Causing harm or death of a person with disability by torture, cruel treatment, ritual killings or other harmful practices is an offence punishable by life imprisonment on conviction.

Any person who fails to produce required books, accounts, documents, statements, information or to answer questions commits an offence and is liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding three months, or to both.

Requires pedestrian crossings to have pedestrian push-button traffic control signals; pedestrian traffic lights with clearly audible signals; and bus-stops to be barrier-free.

Registered owners of public transport vehicles must adjust vehicles for persons with disabilities; owners who modify vehicles to make them accessible may apply to the Cabinet Secretary for finance for 25% of direct modification costs and must submit certified proof of modifications.

Proprietors of premises may not refuse admission to a person on the ground of disability; a person with a disability denied access contrary to subsection (1) may recover damages.

Every Government agency that constructs residential or commercial buildings must reserve at least five percent of those buildings for acquisition by persons with disabilities.

It prohibits refusing to provide a service to a person with a disability if that service is provided to other members of the public.

Every person with disability is entitled to be engaged as an apprentice or learner in their occupation, subject to the Employment Act.

Each Ministry must appoint an officer to head a Disability Mainstreaming Unit; that officer must submit annual reports to the Council; the Council shall appoint an inspector with powers to investigate and recommend prosecution or other remedies; the inspector must report persons violating the Act to the Council or its relevant committee.

Media houses with television and radio must provide at least one hour of free airtime each month to educate the public on disability; the Council must coordinate one print column monthly for that purpose.

Public participation.

National and county governments must perform their functions and powers through consultation and cooperation; the Council must consult the council of county governors on matters affecting county government functions and powers.

The National and county governments must reserve five percent of market stores for persons with disabilities when constructing markets.

The Director of Public Prosecutions may appoint public prosecutors, under the Criminal Procedure Code, for purposes of this Act.

If a person is found guilty of an offence under this Act for which no penalty is expressly provided, they are liable to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding two years, or both.

The Council may, in consultation with the Cabinet Secretary and by notice in the Gazette, make regulations to carry the Act into effect.

Repeals the Persons with Disabilities Act, Cap. 133.

Section 89 preserves existing memberships, employment, administrative measures, contracts, assets, liabilities and legal proceedings at commencement; continues administration of the National Development Fund for Persons with Disabilities by the existing Board of Trustees until re-establishment by the Cabinet Secretary under the Public Finance Management Act; and states that the re-established Fund shall be used for persons with disabilities and its administration vested in the Council.