8. Persons with Disabilities Act, 2025

An Act to give effect to Article 54 by restructuring the National Council for Persons with Disabilities, outlining its functions, and establishing the framework for protecting and promoting disability

Quick link: https://new.kenyalaw.org/akn/ke/act/2025/4/eng@2025-05-27#part_VII__sec_76

The Persons with Disabilities Act, 2025 aligns Kenya’s domestic law with Article 54 of the Constitution and the UN Convention on the Rights of Persons with Disabilities (CRPD). It replaces the 2003 Act with a more enforceable, inclusive, and rights-based framework. The Act introduces mandatory quotas, institutional reforms and socio-economic rights for persons with disabilities, including specific provisions on affordable housing as discussed below. Further, the Act restructures the National Council for Persons with Disabilities and define its powers, including monitoring housing compliance, advising on inclusive design and coordinating with counties.

Under Section 5 of the Act (Obligations of County Governments), county governments are required to allocate resources to disability-targeted programmes, which would include county-level housing schemes. They must maintain a database of persons with disabilities, which may support targeted housing allocation. Counties are also expected to enact legislation to implement these obligations.

On the other hand, Section 21 on the Right to Work and Employment stipulates that employers with twenty or more employees must reserve at least five percent of jobs for persons with disabilities. They must also provide reasonable accommodations and submit annual compliance reports to the National Council for Persons with Disabilities. This may potentially impact housing developers who will be required to include these quota targets in project plans.

Section 30 of the Act on accessibility standards mandates that public buildings, transport systems and communication services be accessible to persons with disabilities. Accessibility includes ramps, tactile signage, adapted toilets and other universal design features. This affects architectural design, approvals, and inspections. Moreover, Section 59 of the Act promotes access to credit for persons with disabilities, including mortgages. This supports financial inclusion and home ownership.

In that regard, Section 31 of the Act provides that the National Council for Persons with Disabilities may issue adjustment orders to compel compliance with accessibility standards. These orders can require modifications to buildings or services.

Persons with disabilities have the right to choose their place of residence and live independently with access to support services under Section 33 of the Act (Right to Independent Living). Therefore, Housing schemes must offer autonomy and avoid institutional models. To that extent, the Act under Section 76 prohibits discrimination against persons with disabilities in accessing premises, including residential buildings.

Finally, Section 77 of the Act stipulates that government agencies constructing residential and commercial buildings must reserve at least five percent of the units for acquisition by persons with disabilities. The acquisition terms include interest-free financing and longer repayment periods. This provision directly integrates persons with disabilities into public housing schemes. It addresses both affordability and access.