Kenya’s landmark disability rights law a turning point for reproductive justice
People with disabilities face many challenges that are deeply rooted in structural, social, political, and cultural systems, which in turn exclude them from accessing equal opportunities.
What you need to know:
- Mercy, who is partially blind, discovered that she had been placed on a 10-year family planning method without her consent.
Persons with disabilities in Kenya will no longer be subjected to medical procedures that result in or could result in infertility without their informed and explicit consent.
This safeguard is part of the newly enacted Persons with Disabilities Act, 2025 assented to by President William Ruto five days ago.
The law specifically addresses the grave issue of forced sterilisation, a practice that has been reported in regions like Kwale, Kilifi, Lamu, Turkana, Wajir, and West Pokot.
Such practices are often rooted in cultural stigma and the misconception that individuals with disabilities will produce children who are a 'burden' to the community.
Mercy* a mother of three who is partially blind, went to deliver in one of the leading hospitals in Kwale County.
Three years later when Mercy and her husband tried for another baby, they realised that she was unable to conceive.
When they sought help from a gynaecologist, she discovered that she had been placed on a 10-year family planning method without her consent.
“This was not right. I want to believe that whenever such medical procedures are done, the woman must give consent,” she says.
Speaking in State House, President Ruto described the new law as progressive, adding that it guarantees the rights of persons with disabilities (PWDs) to education, employment, healthcare, political participation, and access to buildings and public spaces.
The President added that PWDs face many challenges that are deeply rooted in structural, social, political, and cultural systems, which in turn exclude them from accessing equal opportunities.
“This law is both comprehensive in scope and progressive in vision. I assure you that the government is fully committed to translating the provisions of this law into tangible improvements in the lives and welfare of persons with disabilities,” he said.
The new law also provides that people with disabilities shall be entitled to free medical care and treatment in public health institutions.
Besides, the law has tasked national and county governments to ensure that all health institutions in the country have an adequate number of sign language interpreters to help those with hearing impairments.
Other health provisions include persons with disabilities having the right to enjoyment of the highest attainable standard of health, including health-related habilitation and rehabilitation services, without discrimination, and the right to the enjoyment of sexual and reproductive health rights on an equal basis with other persons.
According to the law, the council shall participate in the implementation of health programmes for persons with disabilities under the guidance of the Cabinet Secretary for Health at the national level and county executive committees. This is to ensure that disabilities are identified early, people with disabilities get rehabilitation services quickly, and get free habilitation and rehabilitation services in public health institutions.
Behind the landmark Persons with Disabilities Act 2025 was the tireless advocacy of individuals like Senator Crystal Asige, a nominated senator representing persons with disabilities, who passionately championed this bill.
Speaking after the Act's signing, Senator Asige highlighted the years of struggle to bring disability rights in Kenya in line with the Constitution and with international norms.
“There were things that were not in the constitutional provisions. The 2003 Act was also not aligned to the Convention on the Rights of People with Disabilities (CRPD), which was signed by different member states in the world in 2008. It was also not aligned with the world and global standards for disability rights. The Act was also more than 20 years old. There are children with disabilities who were born in that year who have never seen their rights fought for or adhered to,” she said.
The CRPD is a United Nations treaty that sets out a framework for protecting the rights of people with disabilities. It was adopted in 2006 and entered into force in 2008. The convention recognises that people with disabilities are individuals with rights and that all people with disabilities must enjoy all human rights and fundamental freedoms, including equality and non-discrimination.
She is now calling for a special census for persons with disabilities to establish their correct population status.
“In the 2009 census, we were counted at 1.3 million. And in 2019, we were counted at 900,000. That means 400,000 of us disappeared, got healed, or died. It doesn’t make sense that the general population goes up, but the population of persons with disabilities goes down. The other two censuses also didn’t count children under five years. That disqualified children with disabilities from being counted.”
The 2019 Kenya Population and Housing Census reported that approximately 918,270 people had a disability. This included both men (1.9 per cent) and women (2.5 per cent). The census also identified 9,720 people with albinism, recognising it as a form of disability.
“Once we get the data, we will count in budgetary allocations, in programming activities for persons with disabilities, and in conversations in Parliament, and we will be a force to reckon with,” she said.
Other new provisions from the Act include caregivers of persons with disabilities being eligible for tax exemptions to ease their financial burden, retirement age for employees with disabilities being extended to 65 years from 60, persons with permanent disabilities receive a lifetime income tax exemption certificate with no renewal requirement, and employers of registered persons with disabilities are exempt from taxable income on wages paid to such employees.
Discrimination against persons with disabilities now carries penalties — fines up to one Sh1 million or imprisonment up to two years.
“Causing or encouraging persons with disabilities to beg is now criminalised, with penalties up to Sh5 million or five years in prison. Fraudulent attempts to access disability benefits will be punished with fines, imprisonment, or both.”
She added: “Public transport owners who subsidise fares for persons with disabilities will receive tax deductions, and certified individuals with disabilities are allowed to operate public service vehicles.”
Reacting to the law, Ivan Omondi, the advocacy officer for the Kenya Society for the Blind, said the Act is a breath of fresh air to persons with disabilities and that it needs to be implemented immediately.
“This landmark legislation marks a historic milestone in Kenya's disability rights movement and follows the Cabinet’s earlier approval, in March, of the country’s first-ever National Policy on Persons with Disabilities. This achievement crowns a journey that began in 2006. It is the result of unwavering, unified advocacy by persons with disabilities, their representatives, organisations of persons with disabilities, and numerous dedicated stakeholders,” he said.
He added: “The new Act signifies a major leap forward in aligning Kenya’s disability rights framework with the Constitution of Kenya and CRPD. By adopting a rights-based approach to disability, the Act recognises the legal capacity of persons with disabilities and ensures their full and effective participation in every aspect of life.”
