CONTRIBUTORS
Silas Onyango
Post-Doctoral Research Scientist
By Dr. Silas Onyango
In the realm of social justice, laws and regulations often shine like beacon lights, pointing toward a more equitable future. Yet the gap between what’s promised on paper and what materializes in real life remains a persistent challenge. With the recent assent of the Persons with Disabilities Act, 2025 by the President of Kenya, a new chapter appears to have opened for the inclusion and protection of persons with disabilities. But as excitement builds around this development, one can’t help but ask: Will this be a true turning point—or just another policy milestone with little to show for it in the years ahead?
The new Act is bold in its intent. It corrects many of the shortcomings of the previous legislation, which, though rooted in good intentions, ultimately stumbled at the implementation stage. Discrimination persisted, public infrastructure remained largely inaccessible, and enforcement mechanisms were too weak to compel meaningful action. The 2025 Act promises to do better by explicitly aligning with Kenya’s 2010 Constitution and the UN Convention on the Rights of Persons with Disabilities. It seeks to transform societal attitudes and dismantle the structural barriers that have long excluded persons with disabilities from fully participating in Kenya’s development agenda. It promises equality, non-discrimination, and a range of rights including education, employment, health, and accessibility. It recognizes not just the individual’s needs but the systemic barriers that keep persons with disabilities on the margins. From job quotas to inclusive education, from assistive technology to legal protection, the Act outlines what looks like a bold new vision. And, perhaps most critically, it expands the authority of the National Council for Persons with Disabilities (NCPWD) to enhance oversight and advocacy for the rights of individuals with disabilities with powers to sue, acquire property, and enforce disability rights. But here’s the thing. Intent does not equal impact. We’ve seen it before. The 2003 Act, too, was framed around noble ideals. Yet two decades later, physical access to government buildings remains a challenge. Discrimination is still rampant. And the public sector is far from achieving the 5% employment threshold for persons with disabilities. Why? Because legislation without commitment, without funding, without political will—is like building a house on sand.
One significant hurdle is the commitment at various levels of government. For example, the National Government is tasked with developing policies and ensuring that resources are allocated effectively, but commitment dwindles without adequate monitoring and accountability. County governments must play their part by implementing national policies and maintaining databases to track the progress and needs of individuals with disabilities. Non-governmental agencies must genuinely engage in and support national and county government in implementing the provisions of this Act. The clearer responsibilities for both national and county governments reflected on the new Act shows a shift that points at the decentralization of governance in Kenya, however without concrete accountability mechanisms, decentralization can become diffusion. This is observed in many such legislations bringing most policy actors to the conclusion that when everyone is responsible, in the real sense, no one is.
The effectiveness of any law hinges on the mechanisms in place for monitoring and enforcement. The National Council for Persons with Disabilities has an enormous responsibility to not only advise on policy but also to conduct accessibility audits in both public and private places and enforce adjustments. However, without sufficient staffing, financial backing, and authority, the Council may struggle to fulfill these roles effectively. Moreover, public awareness and education campaigns are essential. Even with laws in place, societal attitudes can lag significantly behind, leading to discrimination and marginalization that we are witnessing currently. The Act includes provisions for media outlets to promote disability education, but the execution of these initiatives relies heavily on the willingness of various stakeholders to engage in this dialogue.
The Persons with Disabilities Act, 2025 holds the potential to redefine Kenya’s approach to disability inclusion. However, its legacy will not be shaped by legislation alone. It’s essential that we scrutinize not only the words within the Act but also the reality of its implementation. Success will be determined by the actions of government, civil society, service providers, and citizens. We must hold ourselves and our leaders accountable, demand transparency, and ensure that resources are allocated effectively. Turning this promise into progress requires shared responsibility, political resolve, and persistent follow-through.
The journey towards true inclusivity is long and challenging, but with commitment, collaboration, and vigilance, it can lead to the equitable future that this Act envisions. This is not merely an opportunity for reform—it is a test of national commitment to equity and justice.