High Court./FILE
The International Centre for Policy and Conflict (ICPC) has lauded the passage of the Persons with Disabilities (Amendments) Act, 2025.
ICPC said the new law provides a comprehensive legal framework for the promotion, protection, and advancement of disability rights, aligning with Kenya’s constitutional commitments and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
ICPC’s Ndung’u Wainaina said 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.
According to Ndung’u, 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 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 recognised, thus doing away with having renewal and re-assessments of disability,” Ndung’u added.
The government is mandated by the new act 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.
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.
“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,” ICPC chief says.
By emphasizing dignity and respectful language, Ndung’u says 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.
“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.”
