15/10/2025
An overview of the Disability Act 2025 — breaking it down for an easy and concise understanding.
🇰🇪 Persons with Disabilities Act, 2025 — Key Points
1. Date & Status
• Assented to on 8 May 2025. 
• Came into force on 27 May 2025. 
• Replaces the old Persons with Disabilities Act Cap. 133 (2003). 
2. Purpose and Legal Basis
• Gives effect to Article 54 of the Constitution: equitable rights for persons with disabilities. 
• Restructures the National Council for Persons with Disabilities (NCPWD), enhancing its powers, independence, and oversight roles. 
3. Definitions and Interpretations
• Broader definition of disability, including physical, sensory, mental, psychological, and other impairments with long-term impact. 
• Introduces terms like “reasonable accommodation,” “assistive devices,” “universal design,” “communication” broadly defined to include many accessible formats. 
4. Non-discrimination & Equality Rights
• Guarantees equality before the law and non-discrimination in social, economic, cultural, political life. 
• Persons with disabilities have the right to legal capacity on equal basis with others. 
5. Education Provisions
• Free and compulsory basic education for every child with disability. 
• Inclusive education obligations: adapt curricula, use of assistive/alternative communication methods, adapt school environments physically. 
• Establishment of assessment centres in each county to support inclusive education and teacher training. 
6. Employment and Workplaces
• Employers (public & private) with 20+ employees must have at least 5% of jobs reserved for persons with disabilities. 
• Requirement for reasonable accommodation in workplaces: changes in environment, assistive equipment, flexible policies, etc. 
7. Accessibility & Infrastructure
• Standards for accessible physical environment (public buildings, transport, communication infrastructure). 
• Obligation for public and private institutions to implement accessibility standards. 
8. Health & Rehabilitation
• Right to the highest attainable standard of health without discrimination. 
• Free medical care and treatment in public health facilities for persons with disabilities, including assessments for registration under the Act. 
9. Incentives, Reliefs & Tax Provisions
• Tax breaks, deductions for employers who make workplaces accessible. 
• Exemptions for import duties/VAT, levies on assistive devices and related equipment. 
10. Enforcement, Accountability & Penalties
• Clear enforcement mechanisms: complaints, adjustments orders (for disability-serving changes), legal redress. 
• Discrimination is punishable; non-compliance by employers or institutions has consequences. 
11. Governance & Decentralization
• Relationship between national and county governments defined: both have roles and obligations. 
• Capacity building, funding, technical support for counties. 
12. Other Notable Provisions
• Recognizes psychological impairments and mental health conditions in definitions. 
• Assistive allowance for costs like transport, communication, etc.