Nairobi, 22nd October, 2025
VIOLATION OF THE RIGHTS OF A PERSON WITH DISABILITY CONTRARY TO ARTICLE 28 OF THE CONSTITUTION
In the wake of the deeply concerning online challenge where a person living with disability has been targeted for public ridicule and trolling through various social media platforms, the Kenya National Commission on Human Rights (KNCHR) issues this firm reminder: that failing to treat persons living with disability with dignity is not only a violation of the constitution but also a violation of human rights of persons with disability as provided by the recently adopted Persons with Disability Act 4 of 2025.
Article 10 of the Constitution on national values is clear on the inherent dignity and equal rights of every
individual.
1. The Kenya National Commission on Human Rights (KNCHR), in its role as the National Human Rights Institution (NHRI) responsible for monitoring the UN Convention on the Rights of Persons with Disabilities (CRPD), is deeply troubled by the recent online mockery and harassment targeted at a person with disability.
2. Kenya's commitment to the rights of persons with disabilities has been long-standing. This journey began with the Persons with Disabilities Act No. 14 of 2003 and has been strengthened by the newer Persons with Disabilities Act No. 4 of 2025. This current law establishes a robust system to protect and promote the rights of Persons with Disabilities, aligning with our national values, the Constitution of Kenya and international human rights standards. Human rights obligations and responsibilities must be upheld by both rights holders and duty bearers.
3. The Persons with Disabilities Act, 2025, clearly outlines fundamental rights, including:
- The Right to Equality and Non-Discrimination enshrined in Article 27 of the Constitution,
- The Right to Human Dignity enshrined in Article 28 of the Constitution,
- The Right to be free from violence, exploitation and abuse as stipulated in Article 29 of the Constitution, and
- The Rights to legal capacity, privacy and family life.
These rights are not only guaranteed by the Act but are firmly anchored in Chapter Four of the Constitution of Kenya – The Bill of Rights.
4. The law mandates every Kenyan to uphold these rights. Furthermore, Section 34 of the Persons with Disabilities Act, 2025 provides a clear path to justice: any person can approach the High Court to seek redress for any violation or potential violation of the Act. The Court is empowered to issue any orders necessary to enforce these protections.
Further Section 67 of the Act provides that: ‘Any person who voluntarily or knowingly commits or abets the degrading treatment of a person with disability by words, either spoken or written, or by signs or by visible representations or otherwise, commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both’.
5. KNCHR has documented the various violations that have occurred and in line with its mandate urgently demands for:
i. An immediate public apology from all individuals who have participated in the ridicule of persons with disabilities with a commitment to non-repetition of the offence. The KNCHR is in possession of the social media accounts and will in due course release their identities. Failure to the account holders to issue a public apology, the KNCHR will work with relevant institutions to have the alleged perpetrators of this violation face the law as provided in Section 67 of the Persons with Disabilities Act or other relevant laws.
ii. Enhanced vigilance and action from state agencies, particularly the National Council for Persons with Disabilities (NCPWD), to ensure the full implementation and enforcement of the law.
6. KNCHR reaffirms its commitment to its constitutional mandate of protecting everyone's rights, including those of person’s with disabilities.
As the designated monitoring agency in Kenya for the UN Convention on the Rights of Persons with Disabilities (CRPD), the Kenya National Commission on Human Rights remains dedicated to raising awareness, reviewing laws and policies, conducting investigations and ensuring that Kenya meets its obligations to respect, protect and fulfil the rights of all persons with disabilities.
Haki kwa Wote, Kila Wakati.
Claris Ogangah,
Chairperson,
Kenya National Commission on Human Rights (KNCHR).