The Persons with Disabilities Act of 2025 represents an overhaul of Kenya’s disability rights framework. It gives effect to the constitutional rights of persons with disabilities (PWDs) in an approach that has significant implications for every business operating in Kenya.
The Act restructures the National Council for Persons with Disabilities (NCPWD) and expands its functions and powers. It establishes essential laws that all state agencies, public officials, persons, business associations, and civil society organisations must follow. The focus is on respecting inherent dignity and individual autonomy to promote equality and non-discrimination, and to ensure that full participation and inclusion in society are assured.
These principles form the foundation for all obligations and rights established under the Act, creating a framework that extends far beyond traditional disability accommodations. So, what are the key obligations for employers?
The Act imposes various obligations on employers. For instance, the Act now imposes an express obligation on employers not to discriminate against a PWD in job application procedures, hiring, advancement, and other terms, conditions, and privileges of employment.
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Where an employer has at least 20 employees, 5 per cent of direct employment opportunities must be reserved for PWDs to secure employment. This is a bold inclusion measure, but it may be difficult for small and medium enterprises (SMEs), micro, small and medium enterprises (MSMEs) or specialised industries to meet in practice.
Employers will need to formulate policies and programmes to promote basic human rights, improve working conditions, and enhance employment opportunities for PWDs. And there will be a few rules:
Firstly, when recruiting, employers are not permitted to discriminate based on disability. Second, employers may not conduct any test or examination to establish whether an applicant is a PWD or as to the nature or severity of a person’s disability. Thirdly, employers are required to carry out appropriate modifications in their work premises to accommodate the employment of PWDs. And lastly, the age of retirement for PWDs is years above the mandatory age set by the government.
What’s more, the Act provides that no PWD shall be dismissed or suffer any reduction in rank on the grounds of disability or acquiring any disability. Suppose any employee with a disability is placed under undue stress or disadvantage in the usual course of employment as a result of their disability. In that case, that employee shall be eligible for a position at the same rank with adequate support.
The Act also establishes new standards for suitable entries and exits, universal design standards, accessible facilities at transport hubs, and proper building access. The NCPWD may even issue adjustment orders for inaccessible premises, services, or amenities, requiring owners to undertake necessary modifications at their own expense within specified time-frames. Failure to comply with an adjustment order is punishable by a fine of up to Sh5 million or imprisonment for up to five years.
But this isn’t without its incentives. The Act rewards compliance with significant tax benefits. Private employers who engage, improve, or modify physical facilities or provide special services to accommodate disabled employees are entitled to a taxable income deduction equal to 25 per cent of the salary and wages of the disabled employee.
Ms Wagacha is a partner at Cliffe Dekker Hofmeyr Kenya
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The Persons with Disabilities Act of 2025 represents an overhaul of Kenya’s disability rights framework. It gives effect to the constitutional rights of persons with disabilities (PWDs) in an approach that has significant implications for every business operating in Kenya.
The Act restructures the National Council for Persons with Disabilities (NCPWD) and expands its functions and powers. It establishes essential laws that all state agencies, public officials, persons, business associations, and civil society organisations must follow. The focus is on respecting inherent dignity and individual autonomy to promote equality and non-discrimination, and to ensure that full participation and inclusion in society are assured.
These principles form the foundation for all obligations and rights established under the Act, creating a framework that extends far beyond traditional disability accommodations. So, what are the key obligations for employers?
The Act imposes various obligations on employers. For instance, the Act now imposes an express obligation on employers not to discriminate against a PWD in job application procedures, hiring, advancement, and other terms, conditions, and privileges of employment.
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on WhatsApp
Where an employer has at least 20 employees, 5 per cent of direct employment opportunities must be reserved for PWDs to secure employment. This is a bold inclusion measure, but it may be difficult for small and medium enterprises (SMEs), micro, small and medium enterprises (MSMEs) or specialised industries to meet in practice.
Employers will need to formulate policies and programmes to promote basic human rights, improve working conditions, and enhance employment opportunities for PWDs. And there will be a few rules:
Firstly, when recruiting, employers are not permitted to discriminate based on disability. Second, employers may not conduct any test or examination to establish whether an applicant is a PWD or as to the nature or severity of a person’s disability. Thirdly, employers are required to carry out appropriate modifications in their work premises to accommodate the employment of PWDs. And lastly, the age of retirement for PWDs is years above the mandatory age set by the government.
What’s more, the Act provides that no PWD shall be dismissed or suffer any reduction in rank on the grounds of disability or acquiring any disability. Suppose any employee with a disability is placed under undue stress or disadvantage in the usual course of employment as a result of their disability. In that case, that employee shall be eligible for a position at the same rank with adequate support.
The Act also establishes new standards for suitable entries and exits, universal design standards, accessible facilities at transport hubs, and proper building access. The NCPWD may even issue adjustment orders for inaccessible premises, services, or amenities, requiring owners to undertake necessary modifications at their own expense within specified time-frames. Failure to comply with an adjustment order is punishable by a fine of up to Sh5 million or imprisonment for up to five years.
But this isn’t without its incentives. The Act rewards compliance with significant tax benefits. Private employers who engage, improve, or modify physical facilities or provide special services to accommodate disabled employees are entitled to a taxable income deduction equal to 25 per cent of the salary and wages of the disabled employee.
Ms Wagacha is a partner at Cliffe Dekker Hofmeyr Kenya
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By Njeri Wagacha