Persons with Disabilities Act 2025 explained: Mocking PWDs punishable by law
Anyone who deliberately discriminates against a person with a disability faces a fine of up to Sh2 million, or two years in jail, or both.
After posts mocking the appearance of Raila Odinga Jr, son of the late former Prime Minister Raila Odinga, made rounds on social media, the Kenya National Commission on Human Rights warned that the perpetrators may soon be brought to book.
Early this year, Kenya took a major step in protecting the rights of persons with disabilities with the enactment of the Persons with Disabilities Act No. 4 of 2025, which came into force on May 27.
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The law lays out a detailed framework to prevent discrimination, abuse, exploitation, and degrading treatment of people with disabilities, reinforcing constitutional protections under Articles 27, 28, 29, and other provisions in the Bill of Rights.
The legislation introduces strict penalties for individuals, institutions, or professionals who violate the rights of persons with disabilities, ensuring that offences against them are no longer overlooked.
Key offences and penalties:
Discrimination (Section 62)
Anyone who deliberately discriminates against a person with a disability faces a fine of up to Sh2 million, or two years in jail, or both.
Discrimination includes denying access to public services, education, healthcare, employment, identification documents, or reasonable accommodations. Victims may also seek civil compensation alongside criminal sanctions.
Abuse, exploitation, or violence (Section 63)
Acts of violence, confinement, or psychological torture against persons with disabilities are punishable by fines of up to Sh2 million or two years imprisonment. Harmful cultural practices, exploitation, or inhuman treatment are also covered under this section.
Concealment (Section 64)
Parents, guardians, or caregivers who hide persons with disabilities and deny them opportunities face up to Sh1 million in fines or one year in jail, or both.
Harmful practices (Section 65)
Witchcraft, ritual killings, abandonment, or associating disability with omens are punishable by life imprisonment for perpetrators, accomplices, or those who aid such acts.
Both national and county governments are required to actively work to eliminate these practices.
Denial of food or fluids (Section 66)
Knowingly withholding food or water from a person with a disability can attract fines of up to Sh2 million or one-year imprisonment, or both.
Degrading treatment (Section 67)
Mocking or humiliating persons with disabilities through words, gestures, images, or online content such as memes and cyber-bullying is punishable by a fine of up to Sh1 million or one-year imprisonment, or both.
Exploitation for begging (Section 68)
Anyone who encourages or uses a person with a disability to beg faces a fine of up to Sh2 million or two years in jail, or both.
Negligence by medical professionals (Section 69)
Healthcare workers must provide proper treatment without discrimination and obtain informed consent. Offences carry fines of up to Sh2 million or one-year imprisonment, or both.
Forced sterilisation or procedures causing infertility attract fines of up to Sh3 million or four years in jail.
Negligent guardians face up to Sh500,000 fine or one-year imprisonment, or both. The Health Cabinet Secretary is mandated to update medical guidelines in line with the Act.
Offensive publications (Section 70)
Publishing material that demeans or discriminates against persons with disabilities, whether in newspapers, television, radio, online, or advertising, can attract fines up to Sh1 million or six months in jail, or both.
Fraudulent claims (Section 71)
Providing false information to gain registration or benefits for persons with disabilities carries up to six months in jail and repayment of any received benefits with interest.
Torture and cruel treatment (Section 72)
Inflicting harm or death on a person with disability through torture, ritual killings, or cruel acts is punishable by life imprisonment.
Failure to provide information (Section 73)
Refusing to supply documents or information as required under the law is a punishable administrative offence with fines up to Sh50,000 or three months imprisonment, or both.
The Act firmly establishes that disability rights in Kenya are enforceable by law and not optional. It places responsibility on individuals, caregivers, institutions, and professionals to respect the dignity, equality, and access of persons with disabilities.
Courts are also empowered to issue any necessary orders to halt ongoing violations, marking a major advancement in human rights protection.
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