Your rights at work as a person with disability
Persons with Disabilities Act, 2025 · sources read 4 Oct 2026
No employer may discriminate against a person with disability in hiring, promotion, pay or other terms of work, and no one may be dismissed or demoted because of a disability, including one acquired on the job. Employers must adapt the workplace, and wilful discrimination is a crime with a fine of up to KSh 2 million or 2 years in jail.
- Where
- The High Court to enforce the Act; the employer's HR first if you prefer to raise it internally
Steps
- If any right in the Act is being or is likely to be broken, the person (or anyone on their behalf) can apply to the High Court, which can make orders to enforce the Act.
- Criminal charges do not stop you from claiming compensation in a civil case.
Watch out
- If the disability makes your current post too hard, you can be moved to another post on the same pay, or kept on a supernumerary post until one is found or you retire.
- Employers may not test job applicants to find out if they have a disability or how severe it is.
- Private employers who adapt their premises or services for employees with disabilities can claim an extra tax deduction of 50% of the direct cost.
- Paying a worker with disability less pay or fewer benefits than others doing the same work can count as discrimination.
- So can passing over a worker with disability for promotion, training, study or scholarships because of the disability.
- Moving you from work you can do to work your disability stops you doing can also count as discrimination.
- Workers with disabilities retire 5 years later than the Government's mandatory retirement age.
Who this covers
- Persons with disabilities applying for or doing a job, with any employer.
- Employees who have a disability or acquire one while employed.
Official sources (3)
- Persons with Disabilities Act, 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