What Kenya's New Disabilities Act Means for Every Building Under Construction

Kenya's Persons with Disabilities Act 2025, signed into law by President William Ruto on May 8, 2025, and effective from May 27, 2025, has fundamentally changed what compliance looks like in the construction and built environment sector.

The law replaces the 2003 Act, which had accessibility provisions that were widely ignored for over two decades. The new legislation has teeth.

Under Section 30, all public buildings, transport hubs, and public facilities must now include ramps, accessible toilets, reserved parking for persons with disabilities (PWDs), accessible signage, and appropriate entries and exits. Under Section 30(8), no building will be issued a certificate of completion or allowed to take occupation if it fails to meet these standards. That applies to both new builds and alterations carried out after the Act's commencement date.

Where an existing building falls short, the National Council for Persons with Disabilities (NCPWD) has the authority under Section 31 to issue adjustment orders, compelling owners to carry out modifications at their own cost within a specified timeframe. Failure to comply carries a fine of up to Ksh5 million or imprisonment of up to five years.

The Act reinforces what the National Building Code 2024 already requires. The code mandates that all buildings be designed to facilitate access for persons with disabilities in accordance with KS ISO 21542:2011, the Kenyan standard for accessibility and usability of the built environment. Buildings over two floors must provide lifts, ramps, accessible toilets, and dedicated PWD parking.

Despite these frameworks existing in various forms for years, Kenya's built environment has remained largely inaccessible. The problem has historically been enforcement, not legislation. Building inspectors have rarely flagged non-compliance, and developers have routinely obtained occupation certificates for buildings that fall far short of the required standards.

The 2019 national census recorded 2.2% of Kenyans living with some form of disability, roughly 900,000 people, a figure that rises considerably when age-related disability is factored in.

For architects, quantity surveyors, contractors, and developers, the practical implication is clear. Accessibility is no longer a design afterthought or a box to tick at the end of a project. It is now a condition for project completion, legally enforceable, and backed by penalties that make non-compliance materially costly.