Breaking Barriers: The Persons with Disabilities Act, 2025 — A Leap for Inclusion in Kenya
- Muhoro & Gitonga Associates
- Jun 19
- 4 min read
Table of Contents
Introduction
Why the 2025 Act Matters
Historical Journey to Enactment
Core Provisions & Rights
4.1 Non‑discrimination & Equal Access
4.2 Employment & Workplace Incentives
4.3 Education & Digital Inclusion
4.4 Healthcare, Assistive Devices & Tax Relief
4.5 Accessibility, Transport & Public Infrastructure
4.6 Legal Justice & Penalties
Institutional & Accountability Framework
What’s Next: Implementation & Challenges
Conclusion
Frequently Asked Questions
1. Introduction
On May 8, 2025, Kenya took a momentous step in disability rights when President William Ruto signed into law the Persons with Disabilities Act, 2025, replacing the decades-old Persons with Disabilities Act, 2003. This progressive legislation transforms the aspirations of Article 54 of The Constitution of Kenya into enforceable realities, setting a new benchmark for equality, dignity, and inclusion.
2. Why the Persons with Disabilities Act, 2025 Act Matters
Human Rights Realised: The Act shifts Kenya from a charitable approach to a rights-based model, affirming that people with disabilities are entitled to full societal participation.
Bridging Gaps: Past laws lacked enforcement, funding, and societal buy-in. The 2025 Act remedies that by introducing teeth—such as penalties, duties, and budgets.
Inclusive Development: In a country where nearly 2 per cent of Kenyans live with disabilities (2019 census), inclusion is both a moral and economic imperative.
3. Historical Journey to Enactment
Bill proposals & origins: Senator Crystal Asige, supported by Majority Leader Kimani Ichung’wah, introduced the Bill in Feb 2023.
Parliament readings: Senate first reading (Mar 2023), amended (Feb 2024); National Assembly concurred with further changes by Jan 16, 2025; Senate finalized on April 9; Presidential assent followed May 8, 2025.
Commencement: Operative from May 27, 2025 (Act No. 4 of 2025)
4. Core Provisions & Rights
4.1 Non‑discrimination & Equal Access
Comprehensive ban on discrimination in employment, education, health, inheritance, legal access, passports, and public services—mirroring Article 54 of the Constitution.
Reasonable accommodations mandated in public and private services, buildings, ICT, and transport.
4.2 Employment & Workplace Incentives
Mandatory quotas: At least 5 % of jobs in public and county governments reserved for persons with disabilities.
Tax deductions:
25 % deduction on salaries for PWD employees
50 % deduction for accessibility improvements by employers.
Privacy & fairness: Eliminates renewal of disability certificates for lifetime recognition of permanent disability.
4.3 Education & Digital Inclusion
Inclusive learning: Schools must adapt admission, curricula, infrastructure, and provide support services
Kenyan Sign Language (KSL): Mandated in universities, courts, and public services.
Accessible ICT: “Accessibility by design”—e.g., screen readers, alt-text, captions mandated for government platforms like eCitizen.
4.4 Healthcare, Assistive Devices & Tax Relief
Disability desks & sign language trained staff in health facilities.
Free rehabilitation services and accessible informed consent.
Tax exemptions on assistive devices, mobility aids, braille materials, and imported equipment.
4.5 Accessibility, Transport & Public Infrastructure
Infrastructure standards: Ramps, lifts, accessible pedestrian crossings, audible traffic signals required.
Transport modifications: Matatus, PSVs must cater to wheelchair users; PWD owners allowed to operate PSVs.
Market stalls & housing quotas: 5 % reserved for disability-inclusive access.
4.6 Legal Justice & Penalties
Strong penalties: Fines up to Kshs 2 million- or 2-years jail for denial of services, abuse, or discrimination.
Life imprisonment for harmful practices like ritual killings, forced begging, or torture.
Accessibility in court: Free legal access with sign language or braille, mandatory reasonable adjustments.
5. Institutional & Accountability Framework
National Council for Persons with Disabilities (NCPD): Strengthened as a statutory body with powers to register auditors, enforce standards, investigate violations, and advise government.
Disability Mainstreaming Indicators: Performance tracking across ministries and county governments in public service contracts.
County advisory committees: Anchoring local implementation, enforcement, and accountability.
6. What’s Next: Implementation & Challenges
Funding needs: Infrastructure retrofitting, devices, caregiver stipends, and audits require comprehensive budget allocations.
Institutions must align: Ministries, county governments, private sector, media, schools, and judiciary need to embed disability inclusion into core functions.
Public awareness: Shift societal mindsets from pity to inclusion via media campaigns, community engagement, sign language promotion.
Central role for PWDs: Persons with disabilities must lead in implementation, audits, awareness, brokerage of accessibility standards .
7. Conclusion: Breaking Barriers: The Persons with Disabilities Act, 2025 — A Leap for Inclusion in Kenya
Breaking Barriers: The Persons with Disabilities Act, 2025 — A Leap for Inclusion in Kenya. The Persons with Disabilities Act, 2025 is more than just a law—it’s a social contract. It transforms Kenya’s disability landscape by embedding rights into every aspect of life—from employment and public services to justice and infrastructure.
Success will depend not on the ink on paper, but on purposeful action from all stakeholders—government, private sector, civil society, and citizens with disabilities. The real work has begun.
8. Frequently Asked Questions
Q1: When did the Act take effect?
The Act was assented on May 8, 2025, and came into force officially on May 27, 2025.
Q2: What are employer obligations under the new Act?
Employers must reserve 5% of positions for PWDs, provide reasonable accommodations, and can claim tax deductions on salaries (25%) and facility modifications (50%).
Q3: Can caregivers claim benefits?
Yes. Caregivers registered under the Act get monthly stipends, annual tax reliefs, and the individual with permanent disability receives a lifetime tax exemption.
Q4: What penalties exist for violations?
Any denial of rights or harmful practice can result in fines of up to Ksh 2 million or 2 years of imprisonment. Ritual abuse and torture may attract life sentences.
Q5: How is ICT made accessible?
Public and private digital platforms must comply with Kenya Accessibility Standards—this includes features like screen reader compatibility, captions, alt text, and keyboard navigation.
Q6: Who monitors and enforces the Act?
The restructured NCPD will register accessibility auditors, investigate breaches, and enforce compliance. Government agencies and counties must integrate disability indicators into performance metrics.
Q7: Does the Act cover albinism?Although not explicitly named, albinism falls under visual impairments and benefits from the Act’s broader protection framework; this responds to previous legal gaps.
