Can a school refuse to admit a learner with a disability?
Persons with Disabilities Act, 2025; Constitution of Kenya · sources read 4 Oct 2026
No. Every person with a disability has a right to admission to any institution of learning, and refusing admission because of disability is an offence with a fine up to KSh 500,000, up to 2 years in jail, or both. The court can also order the learner admitted unconditionally.
- Where
- An assessment centre for placement; the High Court to enforce the right
Steps
- Get your child assessed: every learner with a disability has a right to be assessed and placed in a suitable institution based on the result.
- If the law is broken, you can apply to the High Court, which can make orders to enforce the Act.
- Where someone is convicted of refusing admission, the court can also order that the learner be admitted unconditionally.
Watch out
- Schools must take a learner's disability into account in entry requirements, pass marks, curriculum and exams.
Who this covers
- Every person with a disability, at any institution of learning
- Every child with a disability has the right to free and compulsory basic education
Official sources (3)
- Persons with Disabilities Act, 2025 (No. 4 of 2025) new.kenyalaw.org · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Persons with Disabilities Act, 2025 (No. 4 of 2025), Kenya Gazette Supplement No. 69 (Acts No. 4) ncpwd.go.ke · read 4 Oct 2026