Nairobi 9th May, 2025
Enactment of the Persons with Disabilities Act 2025: A Landmark Victory for Human Rights in Kenya
The Kenya National Commission on Human Rights (KNCHR) warmly welcomes the signing into law of the Persons with Disabilities Act 2025 by H.E. President William Ruto yesterday, marking a historic milestone in the advancement of mental health rights and services in Kenya.
The Act is a transformative step towards upholding the dignity, rights, and well-being of all Kenyans, particularly persons with disabilities. For too long, disability has been neglected, leading to stigma, discrimination, and inadequate care for some of our most vulnerable citizens. This Act directly responds to these challenges, aligning Kenya’s legal framework with the Constitution and international human rights standards.
The new Persons with Disabilities Act 2025 provides a comprehensive legal framework for the promotion, protection, and advancement of disability rights, aligning with Kenya’s constitutional commitments under Articles 2(6), 27, 54 and 260 of the Constitution of Kenya (COK) and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It affirms that disability rights are a fundamental component of overall human dignity, fostering an inclusive society that recognizes and respects disability as integral to human development.
This legislation gives effect to Article 54 of the Constitution by providing for a comprehensive legal framework for Persons with Disabilities, ensuring their rights are enforced. It has restructured the National Council for Persons with Disabilities not only by providing for its functions and powers but also the institutional framework for protecting, promoting and monitoring the rights of persons with disabilities.
The Act also provides for various incentives and reliefs, for persons with disabilities and caregivers can be wholly or partially exempted from paying income tax on employment income. Initially, caregivers could not apply for a tax exemption. Also permanent registration of persons with disabilities is now recognized thus doing away with having renewal and re-assessments of disability.
Key Highlights in the Act
1. Inclusivity: The government is mandated to promote the inclusion of persons with disabilities in the public service and put in place measures to ensure that at least five percent (5%) of the employment positions are filled by persons with disability in National and County governments.
2. Enhanced Accessibility to Services: The Act recognizes the right to access services as an essential pre-condition to enable a person with disability to independently participate fully in all aspects of life. Persons with disabilities are entitled to a barrier-free and disability-friendly environment to enable them to have access to buildings, roads and other social amenities, and assistive devices and other equipment to promote their mobility.
3. Improved Quality of Life: By addressing discrimination, ensuring accessibility and promoting participation, the Act aims to improve the overall well-being and quality of life for Persons with Disabilities.
4. Use of dignified Language: By emphasizing dignity and respectful language, the legislation seeks to combat stigma and discrimination associated with mental health conditions. It calls on all sectors to foster a culture of acceptance and understanding.
5. Disability Mainstreaming: The Act encourages the integration of disability considerations into all aspects of government and public life. For instance, law enforcement agencies and institutions shall take into consideration the disability of a person on arrest, at detention, investigation, trial or confinement. Further, every national or referral health institution shall employ at least two (2) Kenya sign language interpreters with gender consideration in their institutional structure. The legislation also instructs learning institutions to take into account the needs of persons with disabilities with respect to the set entry requirements, pass marks, curriculum examinations, auxiliary services, use of school facilities, class schedules, physical education requirements and other similar considerations.
6. Funding and Enforcement: Any donations, bequest, subsidy or financial aid which may be made to institutions or organizations involved in the programmes of persons with disabilities and registered with the Council are allowed as deductions for the purposes of computing taxable income of the person giving the donation. Furthermore, the Cabinet Secretary responsible for finance may provide incentives to local manufacturers of assistive devices used by persons with disabilities on raw materials, inputs and imported capital equipment.
KNCHR urges all stakeholders, state and non-state, healthcare providers, civil society, and the public to collaborate to ensure the full and effective implementation of the Persons with Disabilities Act 2025 by doing the following:
- Government: Urgently operationalize the provisions of this law, allocate adequate resources, and establish robust monitoring and evaluation frameworks to ensure effective implementation. This to include, addressing gaps in legal processes, including reasonable accommodation and access to justice for persons with disability.
- Employers and Institutions: Create supportive environments that respect the rights of persons with disability, including reasonable accommodations in workplaces and institutions.
- Civil Society: Continue to advocate for mental health awareness, reduce stigma, and support persons with disabilities.
- Members of Public: Embrace empathy, respect, and support for persons with disabilities.
- All Stakeholders: Facilitate sensitization campaigns to combat stigma and promote community support. Mandatory training for healthcare, justice, and correctional staff on disability rights and disability awareness. Speed up infrastructural improvements and increased staffing in disability service provision.
KNCHR will continue supporting all stakeholders in realizing the promise of the Persons with Disabilities Act 2025. Together, let us build a Kenya where every person with disability’s human rights are protected, respected, and fulfilled.
Haki Kwa Wote Kila Wakati!
Dr. Raymond Nyeris, Ph.D,
Vice Chairperson,
Kenya National Commission on Human Rights (KNCHR).