BETTY NKIROTE: How the New Disabilities Act Fosters Inclusion

A New Era for Persons with Disabilities in Kenya

The signing of the Persons with Disabilities Act by President William Ruto on May 8 marks a pivotal moment for Kenyans with disabilities. This legislation represents a significant step forward in fostering inclusion and ensuring that the rights of individuals with disabilities are protected, promoted, and monitored effectively. The new Act aligns closely with the United Nations Convention on the Rights of Persons with Disabilities, setting a strong foundation for future progress.

Key Rights Established by the Act

Part III of the Act outlines the comprehensive rights of persons with disabilities, expanding upon the Bill of Rights in the Constitution. It operationalizes Article 54, which was not explicitly addressed in the previous constitutional framework. The Act recognizes critical rights such as legal capacity, equality, freedom from discrimination, the right to marry and form a family, privacy, physical and mental integrity, human dignity, and access to education. These provisions are more detailed than those found in the 2003 Act, which was repealed by the 2025 Act.

Equality and Non-Discrimination

Persons with disabilities in Kenya have historically faced systemic and direct discrimination, limiting their access to opportunities and contributing to socioeconomic challenges. The new Act addresses this by guaranteeing equal protection under the law, equal benefit of the law, and adequate legal protection against discrimination. It ensures that every person with a disability is recognized as equal before the law across all aspects of life, including political, economic, social, and cultural domains.

Right to Legal Capacity

Historically, individuals with disabilities were often denied the ability to make independent decisions or participate in legal processes. The new Act rectifies this by recognizing the legal capacity of every person with a disability. It guarantees the right to own and inherit property, control financial affairs, and access savings, loans, mortgages, and other forms of credit on an equal basis with non-disabled individuals. This provision is particularly significant for those with mental disabilities, as it provides a clear pathway for them to manage their finances independently.

Special Protections for Women with Disabilities

The Act introduces specific protections for women with disabilities, addressing past violations of their rights. It affirms their right to access sexual and reproductive health services and ensures they retain control over their fertility. The law strictly prohibits discriminatory practices such as depriving women with disabilities of their children based on their disability. This is a crucial step toward addressing the unique challenges faced by women with disabilities.

Right to Education

The Act emphasizes inclusive education by implementing measures outlined in Article 54(1)(b) of the Constitution. It mandates that learning institutions provide individualized support, assistive devices, appropriate equipment, and adoptive technology to promote full inclusion. The Ministry of Education is required to develop strategies for inclusive education, including recruiting special education teachers, introducing sign language in all institutions, and establishing research centers focused on disability education.

Right to Employment

The new Act prohibits employers from discriminating against individuals with disabilities and requires those with at least 20 employees to reserve five percent of positions for them. Employers must also make reasonable adjustments, such as modifying facilities, restructuring jobs, and offering modified work schedules. Private employers who accommodate employees with disabilities may be eligible for tax reductions as compensation. However, despite these incentives, challenges remain in terms of enforcement and awareness.

Additional Tax Relief

Persons with disabilities may apply for partial or full exemption from income tax and other levies, including housing and health levies. Permanent disability exemptions are now permanent, providing long-term relief. Income tax exemptions for parents and guardians of individuals with severe disabilities are also introduced, along with potential cash transfers under the Social Assistance Act.

Conclusion

The National Council for Persons with Disabilities has highlighted that the Act is expected to bring about a paradigm shift for individuals with disabilities nationwide. By addressing systemic barriers and establishing mechanisms for accountability, the law aims to enhance inclusion and improve the quality of life for people with disabilities in Kenya. The success of this Act will depend on the government’s commitment to allocating sufficient resources and effort to ensure its effective implementation.