The Persons with Disabilities Act, 2025
THE PERSONS WITH DISABILITIES ACT, 2025
No. 4 of 2025
Date of Assent: 8th May, 2025
Date of Commencement: 27th May, 2025
ARRANGEMENT OF SECTIONS
PART I― PRELIMINARY
Section
1―Short title.
2―Interpretation.
3―Guiding Values and Principles.
PART II—RELATIONSHIP BETWEEN THE NATIONAL GOVERNMENT AND COUNTY GOVERNMENT ON MATTERS DISABILITY
4—Obligations of the National government.
5—Obligations of county governments.
PART III—RIGHTS OF PERSONS WITH DISABILITIES
6―Right to Equality and Non-discrimination.
7―Right to Legal Capacity.
8—Right to marry and form a family.
9—Right to Privacy.
10—Women with Disabilities.
11—Children with Disabilities.
12—Youth with Disabilities.
13—Older members of Society with disability.
14—Right to documents of registration or identification.
15—Right to physical and mental integrity.
16—Right to Human Dignity.
17—Protection from abuse, exploitation and violence.
18—Protection and Safety of Persons with Disabilities in situations of risks and humanitarian emergencies.
19—Specific measures for Persons with Disabilities.
20—Right to Education.
21—Right to work and Employment for Persons with Disabilities.
22—No dismissal for employee with disability.
23—Incentive for private employer.
24—Right to Health.
25—Council to participate in Health Programmes.
26—Access to information and communication technology services.
27—Access to financial and banking services
28—Access to Justice.
29—Sports, Recreation, Leisure and Culture.
30—Accessibility.
31—Adjustment Orders.
32—Civic and Political rights for persons with disabilities.
33—Right to Independent living.
34—Enforcement of rights.
35—Registration of Persons with Disabilities, organizations and institutions.
PART IV—ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES
36—Establishment of the Council.
37—Headquarters and other offices of the Council.
38—Functions of the Council.
39—Powers of the Council.
40—Council may establish Committees.
41—Composition of the Council.
42—Qualifications for appointment of chairperson and members.
43—Election of the Vice – chairperson.
44—Tenure of office of Members of the Council.
45—Procedure for Appointment.
46―Executive Director of the Council.
47―Removal of the Executive Director.
48―Remuneration of Chairperson and Members.
49 ―Staff of the Council.
50―Delegation by the Council.
51—Inquiry by the Council.
52—Funds of the Council.
53—Financial Year.
54—Accounts and Audit.
55—Annual Report.
PART V— RELIEFS AND INCENTIVES
56—Exemptions.
57—Exemptions for parents and guardians.
58—Incentives.
59—Access to credit.
60—Exemption from taxable income of employers of persons with disability.
61—Exemption from postal charges.
PART VI— OFFENCES AND PENALTIES
62—Discrimination contrary to Article 27 of the Constitution.
63—Prohibition of abuse exploitation or violence.
64—Concealment of Persons with Disabilities.
65—Harmful practices.
66—Denial of food and fluids.
67—Degrading treatment of a Person with Disability.
68—Begging and receiving alms.
69—Negligence by medical practitioners.
70—Offensive Publications.
71—Giving false information for purposes of registration.
72—Torture and cruel treatment.
73—Failure to furnish information.
PART VII— MISCELLANEOUS
74—Protection of road users with disabilities.
75—Public service vehicles and transport.
76—Housing.
77—Denial of admission into premises.
78—Prohibition of discrimination relating to goods, facilities and services.
79—Apprenticeship, Technical, vocational Training, Rehabilitation and Self-Employment.
80—Disability Mainstreaming Units and Inspectors.
81—Awareness Raising.
82—Public Participation.
83—Consultation between the National and county governments.
84—Markets.
85—Appointment of Public Prosecutors.
86—General Penalty.
87—Regulations.
88—Repeal of the Persons with Disabilities Act No. 14 of 2003.
89—Transitional and savings provisions.
SCHEDULES
FIRST SCHEDULE—Provisions as to the Conduct of Business and affairs of the Council.
SECOND SCHEDULE—Access to Buildings, Auxiliary aid, Sporting Venues and Public Facilities.
THE PERSONS WITH DISABILITIES ACT, 2025
AN ACT of Parliament to give effect to Article 54 of the Constitution; to restructure the National Council for Persons with Disabilities and to provide for its
functions and powers; to provide for the institutional framework for protecting, promoting and monitoring the rights of persons with disabilities; to provide for incentives and reliefs; and for connected purposes
PART I—PRELIMINARY
1. This Act may be cited as the Persons with Disabilities Act, 2025. Short title.
2. In this Act—
“adjustment order” means an order made by the Council under section 31 of this Act;
“assistive devices” includes implements, tools,
equipment, taped texts, audio, visual and pictorial recording, Braille equipment and materials, tactile equipment, orthopaedic appliances, software and other devices and machines for persons with disabilities for their socio-cultural, economic, civil, political wellbeing of
persons with disabilities;
“building” means any structure or erection and any part of any structure or erection of any kind whatsoever whether permanent, temporary or movable, and whether completed or uncompleted;
“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to persons with disabilities;
“communication” includes languages, display of text, Braille, tactile communication, signs, large print, accessible multimedia and written, audio, plain-language, easy to read, pictorial, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology;
“Council” means the National Council for Persons with Disabilities as restructured under section 36 of this Act;