Penalties Under Persons with Disabilities Act, 2025
Matters Disability Updated: 14 November 2025 16:02 EAT
The Persons with Disabilities Act, 2025, signals a decisive turning point for disability inclusion in the country. This fundamental shift is underscored by a robust new enforcement framework that imposes higher fines and harsher imprisonment terms for individuals and institutions, including government agencies, that fail to comply with its provisions.
This is a clear signal that the rights and dignity of persons with disabilities are now a mandatory legal requirement, enforced with serious financial and custodial penalties.
The Act explicitly criminalizes various forms of discrimination and rights violations. Under Section 62, any person who willfully denies a person with a disability access to public services, premises, education, health, or employment is committing an offense punishable by a fine of up to KSh 2,000,000 or imprisonment for up to two years, or both.
Furthermore, Section 67 addresses degrading treatment, making mocking, humiliating, or subjecting a person with a disability to such treatment a serious criminal offense that can attract a fine of up to KSh 1,000,000 or imprisonment for up to one year, or both.
The Act reserves the most severe penalty, life imprisonment, for offenses such as harmful practices, torture, or cruelty that result in harm or death to a person with a disability.
To enforce accessibility, the National Council for Persons with Disabilities (NCPWD) has been granted expanded powers to actively enforce accessibility standards across the entire public sector.
If a Ministry, Department, or Agency (MDA) is found to have inaccessible premises or services, the NCPWD can issue a legally binding Adjustment Order, requiring the institution to fix the deficiency.
Failure to adhere to a lawful adjustment order is a severe criminal offense punishable by a massive fine of up to KSh 5,000,000 or imprisonment for up to five years, or both, demonstrating the government's strong commitment to a barrier-free environment.
In the context of employment, the Act strongly enforces the mandatory 5% employment quota and the duty to provide reasonable accommodation.
Any discrimination in employment, such as unjustified dismissal or failure to provide reasonable accommodation, is covered under the general discrimination penalties.
Additionally, MDAs are legally required to submit annual reports on the employment of persons with disabilities to the NCPWD, and failure to furnish this information, or providing false data, is itself a punishable offense with a fine of up to KSh 50,000 or imprisonment for up to three months, or both.
Beyond criminal sanctions, the Act empowers individuals to seek personal justice through the civil courts.
Individuals who face discrimination or denial of services can pursue civil lawsuits in the High Court or the Employment and Labour Relations Court to recover damages for the harm suffered. This legal avenue places the burden of proof on the institution to justify its non-compliance, thus ensuring a high degree of accountability and providing victims with a route to compensation.
Tags: Editor's Pick Pwds Disability Inclusion Matters Disaility NCPWD
Share this article
Selestine Nyongesa
Experienced and versatile writer, dedicated to using my exceptional writing and editing skills to inform and advocate. My work focuses on educating and entertaining readers on a range of topics, with a particular expertise in matters of disability.