State directs for implementation of Disabilities Act, 2025 compliance rules in public institutions

The Government has directed all public universities, university constituent colleges, and state institutions to fully implement the Persons with Disabilities Act, 2025. Through a circular from the Executive Office of the President and a follow-up letter from the Ministry of Education, public institutions have been instructed to undertake specific actions that will ensure the rights of persons with disabilities are upheld as required by the new law.

The Act, which was enacted in 2025, establishes a clear legal framework to protect the rights and freedoms of persons with disabilities. It restructures the National Council for Persons living with Disabilities and defines the responsibilities of national and county governments in promoting inclusion and accessibility. The guidelines issued are aimed at ensuring public institutions align their operations with the requirements of the Act and the constitutional obligations under Article 54.

Among the directives given, all public institutions are required to establish Disability Mainstreaming Units. These units must be staffed with trained officers who will coordinate efforts to promote disability inclusion in line with the Act. In addition, institutions must ensure that at least five percent of their employment positions are filled by persons with disabilities. This employment quota is a key provision of the Act, designed to increase job opportunities for persons living with disabilities in public service.

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The government has also directed institutions to provide reasonable accommodation by making necessary adjustments and offering support that enables persons with disabilities to participate fully in employment and access services. Institutions are further required to implement affirmative action measures in their procurement processes. This means that enterprises owned or managed by persons with disabilities must be given preferential treatment in government tenders and contracts.

Another critical requirement is the enforcement of accessibility standards in all public buildings. Both existing and new structures must comply with these standards, with modifications to be made where necessary to ensure accessibility for persons with disabilities.

To monitor progress, institutions must submit compliance reports to the National Council for Persons with Disabilities. The initial report is due within 90 days of receiving the circular. The reports will detail the steps taken by each institution to meet the objectives of the Act.

The directive also emphasizes the protection of personal data belonging to persons with disabilities. Institutions are instructed to safeguard this information and ensure that it is not shared without the express consent of the individuals concerned.

The circular was signed by Felix Koskei, Chief of Staff and Head of Public Service, and Fredrick Ndambuki, Principal Secretary for University Education. Copies were sent to the Attorney General, Cabinet Secretaries, Principal Secretaries, and other senior government officials to ensure wide dissemination of the guidelines.

By Benedict Aoya