The Persons with Disabilities Act in Kenya: Comprehensive Legal Guide for Organisations, Employers and Service Providers
- Muhoro & Gitonga Associates
- Jun 19, 2025
- 4 min read
Updated: Dec 5, 2025
Table of Contents
Legal Framework Governing Persons With Disabilities in Kenya
Key Rights of Persons With Disabilities Under the Act
National Council for Persons With Disabilities Registration
4.1 Eligibility
Employer Obligations Under the Act
5.1 Recruitment and Non-discrimination Requirements
5.2 Workplace Accessibility Standards
5.3 Tax Incentives for Employers
Accessibility Requirements for Public and Private Entities
Social Protection, Health and Mobility Support
Enforcement Mechanisms and Penalties for Non-Compliance
How Organisations Ensure Full Compliance
1. Introduction
The Persons with Disabilities Act in Kenya is the primary statute that protects and promotes the rights of persons with disabilities. It aligns with the Constitution of Kenya, the Convention on the Rights of Persons with Disabilities, and other national laws affecting education, employment, accessibility and social protection.
The Act places clear obligations on employers, businesses, educational institutions, transport operators and public authorities.
2. Legal Framework Governing Persons with Disabilities in Kenya
The principal laws governing disability rights include:
These frameworks ensure the protection of dignity, equal opportunities, reasonable accommodation and access to services.
3. Key Rights of Persons with Disabilities Under the Act
Persons with disabilities have the right to:
Equal treatment and non-discrimination
Reasonable access to public buildings, transport and information
Accessible education and training
Employment opportunities and reasonable accommodation
Assistive devices and rehabilitation services
Social protection
Participation in political and public life
4. National Council for Persons With Disabilities Registration
4.1 Eligibility
A person qualifies for registration if they have a long-term physical, sensory, intellectual, hearing, visual or mental impairment that substantially limits major life activities.
4.2 Registration Process
Obtain a medical assessment from a certified medical practitioner.
Submit required documents to the National Council for Persons with Disabilities (NCPWD).
Verification and approval by NCPWD.
Issuance of the Disability Card.
4.3 Benefits of Registration
Tax exemptions on assistive devices
Access to government social protection programmes
Educational support
Exemptions on certain vehicle import duties
Access to mobility appliances
Affirmative action opportunities in public appointments
5. Employer Obligations Under the Act
5.1 Recruitment and Non-discrimination Requirements
Employers must:
Provide equal employment opportunities
Avoid discriminatory hiring practices
Offer reasonable accommodation during recruitment and work
The Employment Act reinforces non-discrimination and provides penalties for violations.
5.2 Workplace Accessibility Standards
Employers must ensure:
Accessible office entrances and pathways
Accessible restrooms and workstations
Provision of adaptive equipment such as screen readers or adjustable desks
Emergency evacuation procedures suitable for all employees
These standards apply to both public and private employers.
5.3 Tax Incentives for Employers
Employers who hire persons with disabilities may enjoy:
Deduction of up to 25 percent of total wages paid to employees with disabilities
Additional relief if workplace modifications are made
These incentives must be supported by documentation submitted to the Kenya Revenue Authority.
6. Accessibility Requirements for Public and Private Entities
Organisations must ensure:
Accessible buildings and service areas
Availability of ramps, lifts and tactile signage
Accessible ICT systems such as websites and online platforms
Accessible public service counters
7. Education and Training Rights
Persons with disabilities are entitled to:
Inclusive education
Reasonable accommodation in learning environments
Assistive devices
Specialized staff where necessary
Educational institutions must comply with the Basic Education Act and NCPWD guidelines.
8. Social Protection, Health and Mobility Support
The government provides:
Cash transfer programmes for persons with severe disabilities
Health insurance subsidies
Assistive devices such as wheelchairs and hearing aids
Rehabilitation and counselling services
Access may require registration with the NCPWD and periodic verification.
9. Enforcement Mechanisms and Penalties for Non-Compliance
The Act is enforced through:
NCPWD compliance audits
Administrative penalties
Court proceedings for violations
Orders for compensation or corrective action
Failure to implement accessibility or discriminatory practices can lead to fines, compulsory adjustments or other sanctions.
10. How Organisations Ensure Full Compliance
Organisations can improve compliance by:
Conducting internal disability inclusion audits
Training HR teams on accessible recruitment
Creating disability friendly office spaces
Implementing accessible ICT systems
Maintaining records for tax incentives
Developing disability inclusion policies under the Companies Act governance framework
11. Frequently Asked Questions (FAQ)
1. What is the main purpose of the Persons with Disabilities Act in Kenya?
Its purpose is to protect the rights of persons with disabilities and ensure access to employment, education, infrastructure and public services.
2. How do I register with the National Council for Persons with Disabilities?
Submit a medical assessment and required identification documents to the NCPWD. After verification, a Disability Card is issued.
3. What benefits are available for registered persons with disabilities?
Benefits include tax exemptions, mobility support, social protection programmes, educational assistance and affirmative action opportunities.
4. What obligations do employers have when hiring persons with disabilities?
Employers must ensure non-discrimination, accessibility and reasonable accommodation. They may also apply for tax incentives.
5. Are public buildings required to be accessible?
Yes. All public and private buildings must provide accessibility features including ramps, lifts and signage.
6. Do companies get tax incentives for employing persons with disabilities?
Yes. Employers may receive wage deductions and additional benefits for workplace modifications.
7. Are schools required to provide special accommodations?
Yes. Schools must offer inclusive education, assistive devices and support services.
8. What penalties apply for violating the Act?
Penalties include fines, corrective orders, compliance audits and court actions.
To learn more, see the Persons with Disabilities Act, 2025.
