Kenya has made significant progress in protecting and promoting the rights of Persons with Disabilities (PWDs) by enacting the Persons with Disabilities Act No. 4 of 2025 (the New Act), which replaces the Persons with Disabilities Act, 2003 (the Repealed Act). Although the Repealed Act was viewed as a milestone at the time, the Act failed to ensure complete inclusion for PWDs, effective enforcement and conformity with the Constitution of Kenya, 2010 (the Constitution), as well as relevant International Human Rights standards like the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Therefore, the New Act represents a shift from a welfare-driven, charity-focused model to a rights-based approach that empowers PWDs and emphasises dignity, equality, and participation.

Background and Justification for the New Act

The Repealed Act was Kenya’s initial attempt at establishing a legal framework for PWDs’ rights. The Repealed Act was based, however, on the medical and charity models of disability, in which disability was addressed as an individual’s tragedy or a medical issue that needed to be cured, and PWDs as passive recipients of state assistance.

Such matters as effective legal remedies and enforcement were lacking under the Repealed Act. Discrimination in areas like education, employment, and public services went unpunished, allowing institutions to disregard inclusion without consequences. For instance, employers were merely encouraged, not obligated, to hire PWDs. Public facilities remained inaccessible, and segregated schools were favoured over inclusive education systems, which perpetuated marginalisation.

Symbolic compliance in relation to matters touching on PWDs was common: laws existed, yet they were not enforced or put into action. Public buildings sometimes erected ramps or signals but did not go further to make fundamental alterations, like offering tactile routes, lifts, or accessible lavatories. Civic participation was also limited, as many PWDs could not vote independently due to a lack of accessible voting materials. These shortcomings, together with the civil society and PWDs’ lobbying efforts, gave the impetus for a new, enforceable, and participatory piece of law.

Key Reforms in the New Act

Introduced in 2023 and enacted in May 2025, the New Act aligns with Kenya’s constitutional values and international commitments.

At its core, the New Act promotes a rights-based approach to disability. It guarantees legal capacity, prohibits discrimination and demands reasonable accommodation across areas such as education, employment, healthcare, public services and civic participation. Additionally, the New Act establishes penalties and accountability measures for enforcement.

In education, the law mandates inclusive learning instead of segregated special schools. Children with disabilities must be admitted to mainstream schools with suitable support systems, like individual learning plans, trained teachers and assistive devices. This inclusion helps children grow up in a diverse environment and prepares them for full participation in society in the future.

Employers are legally required to provide reasonable accommodation and take proactive steps to ensure equal opportunities for PWDs. Additionally, vocational training and financial grants are available to support economic empowerment.

The Act requires all public buildings, transport systems, and digital platforms to comply with accessibility standards. Institutions that do not comply face penalties, while the National Council for Persons with Disabilities is authorised to conduct audits and issue sanctions.

In a notable enhancement, Section 22 of the New Act specifically prohibits an employee’s dismissal or demotion for having or acquiring a disability. Employers must thus implement suitable accommodation for employees who acquire disability during their tenure, which may include considering redeployment to an alternative role that suits their needs. This provision should be read alongside the provisions of Sections 41 and 45 of the Employment Act, (Cap. 226) of the Laws of Kenya (the Employment Act), which set out the requirements for procedural and substantive fairness in all employment terminations.

While the Employment Act allows termination on medical grounds if due process is followed and the employee is proven medically un f it, the New Act introduces an additional requirement: that employers must consider reasonable accommodation and possible redeployment when determining substantive fairness. It places a greater burden on employers to demonstrate that all possible accommodations were considered and exhausted before termination can be justified on grounds of disability. This marks a significant shift from the previous Act, as employers must now proactively work to retain an employee with disabilities rather than simply proving their medical incapacity. In aligning with these new requirements, employers can foster a more inclusive and supportive workplace for all.

Further, the New Act focuses on the Medical, Social and Human Rights models. The Medical Model within the New Act manifests itself in the provisions relating to health and rehabilitation. The New Act recognises that some individuals with disabilities need specialised medical care and support. Therefore, the New Act mandates access to healthcare services, assistive devices and rehabilitation programs, acknowledging that these are crucial for enhancing a person’s functional capacity. While not the only focus, this aspect of the New Act ensures the physical and mental well-being of PWDs remains a central consideration, providing a foundation for their independence and quality of life.

On the other hand, the Social Model in the New Act moves focus from an individual’s impairment to the societal barriers that contribute to disability. The Act imposes concrete legal obligations to eliminate these barriers. For instance, Section 30 of the New Act requires all public infrastructure, including buildings and transportation, to be accessible to all persons, including PWDs. It also requires inclusive education systems that provide reasonable accommodation for PWDs.

Finally, the Human Rights Model in the New Act views PWDs as rights-holders with inherent human dignity, equality and autonomy, as opposed to objects of charity or medical treatment. The New Act provides legal remedies and penalties for violations of PWDs’ rights. The New Act also safeguards PWDs’ rights to independent living and legal capacity.

The New Act, anchoring on the three (3) models already discussed, defines a broad range of rights that impact various aspects of life for PWDs. Some of these rights include the Right to Equality and Non-Discrimination; Right to Inclusive Education; Right to Health; Right to Work and Employment; Right to Family Life and Privacy; Protection from Abuse and Exploitation (abuse is criminalized and institutions must implement safeguarding policies); Right to Accessibility and Right to Participate in Public and Political Life (PWDs have the right to vote, run for office and take part in public decision-making).

Special Rights for Children with Disabilities

The New Act includes vital protections and services for children with disabilities summarised as follows:

• Early Identification and Intervention: Requires early screening and diagnosis to ensure timely support.
• Family Support Services: Offers counselling, respite care and training for parents.
• Inclusive Play and Recreation: Public play areas and recreation facilities must accommodate children with disabilities.
• Protection from Institutionalisation: Children should grow up in family settings unless institutional care is absolutely necessary.
• Participation in Decision-making: Children with disabilities have the right to be heard on matters affecting their lives.

Potential Challenges to Parents, Caregivers and Society in General

A successful implementation of the New Act will require overcoming several key challenges, which include:

• Limited Awareness: Many parents and caregivers do not know about the rights and services available under the New Act, particularly in rural areas.
• Bureaucratic Hurdles: Accessing services may involve complex paperwork and unclear procedures, which can dissuade families from seeking help.
• Infrastructure Gaps: Schools, health facilities and transport systems may not yet be fully accessible or properly resourced.
• Cultural Stigma: Deep-rooted social attitudes may continue to marginalise PWDs and discourage families from seeking assistance.
• Weak Enforcement: Despite strong provisions, there are concerns about the capacity of enforcement bodies.
• Confusion during Transition: The shift from the Repealed Act to the New Act may create uncertainty for institutions and caregivers.

Recommendations for Overcoming Challenges

To assist parents, caregivers, and the wider society in addressing these challenges, we consider the following key steps essential for the effective and comprehensive implementation of the New Act:

• Awareness Campaigns: Use mass media and public forums to educate the general public on the New Act.
• Investment in Inclusive Infrastructure: The Government should allocate a budget for accessible schools, hospitals and transport.
• Combating stigma: Promote positive portrayals of PWDs in the media and incorporate disability rights in school curricula.
• Strengthen Enforcement: Empower the National Council for Persons with Disabilities to audit, monitor and penalise non-compliance.
• Guide the Transition: Provide training and clear instructions to caregivers, service providers, and institutions.

Conclusion

The New Act signifies a major step in Kenya’s dedication to the rights and dignity of PWDs. In shifting from a welfare model to a strong, enforceable, and rights-based framework, the New Act creates groundwork for a more inclusive society.

With respect to parents and caregivers of PWDs, the New Act brings with it new hope and tools for securing a better future for their children. The success of the New Act is, however, anchored on mutual responsibility, creating awareness, government action and ongoing advocacy by and on behalf of PWDs.