Pay & working terms · 3 min read
Jobs for persons with disabilities in Kenya: rights under the 2025 Act
What the Persons with Disabilities Act, 2025 says about hiring, the five per cent reservation, tests employers may not run, protection from dismissal and tax incentives for employers.
Kenya replaced its 2003 disability law with the Persons with Disabilities Act, 2025. Its employment section is specific: it bans discrimination in hiring, sets a five per cent reservation for larger employers and gives private employers tax deductions for hiring. Here is what it says.
No discrimination at any stage
No employer may discriminate against a person with disability in job application procedures, hiring, advancement or other terms and privileges of employment (section 21(1)). Qualification standards or tests that screen out persons with disabilities may count as discrimination (section 21(5)).
What employers must do
- An employer with at least twenty employees must reserve at least five per cent of direct employment opportunities for persons with disabilities (section 21(2)(a)).
- No test or examination to find out whether an applicant has a disability, or its nature or severity (section 21(2)(d)).
- Modify work premises to accommodate employees with disabilities (section 21(2)(e)).
- Submit an annual report on employment of persons with disabilities to the National Council for Persons with Disabilities (section 21(3)).
Protection from dismissal
No person with disability may be dismissed or reduced in rank because of the disability or because they acquire one (section 22). An employee who cannot continue in the same role may be moved to another post on the same pay scale, or kept on a supernumerary post until a suitable post is available or retirement age.
Incentives that help you get hired
A private employer that hires a person with disability as an employee, apprentice or learner can claim a deduction from taxable income of twenty five per cent of the salary paid, with proof certified by the Council (section 23(1)). Modifications for reasonable accommodation can earn a further deduction of fifty per cent of their direct cost (section 23(2)).
Mention this to employers who hesitate. The deduction needs proof certified by the Council and the employee to be accredited with it, so keep your registration with the Council current.
Sources and further reading
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Frequently asked questions
Do Kenyan employers have to hire persons with disabilities?
Employers with at least twenty employees must reserve at least five per cent of direct employment opportunities for persons with disabilities (Persons with Disabilities Act, 2025, section 21(2)(a)).
Can an employer test me to find out about my disability?
No. Section 21(2)(d) bars tests or examinations to establish whether an applicant has a disability or its nature or severity.
What tax benefit does an employer get for hiring a person with disability?
A deduction from taxable income of twenty five per cent of the salary paid to that employee, with proof certified by the Council (section 23(1)).