ADVOKS GLOBAL · KENYA
Persons with Disabilities Act
20. Right to Education
Edition: 2025-05-13 · In force
20. Right to Education
(1)Every person with disability has a right to admission to any institution of learning and access to an inclusive, quality education on an equal basis with others.(2)No person shall be excluded from the education system on the basis of disability.(3)The National government shall facilitate participation of persons with disabilities in accessible and adaptable continuing adult education programmes on an equal basis.(4)The National and County Governments shall ensure that persons with disabilities have access to inclusive education, without discrimination and on an equal basis at all levels.(5)Every child with disability has the right to free and compulsory basic education.(6)Children with disabilities shall not be excluded from free and compulsory early childhood, primary or secondary education, on the basis of disability.(7)Every child with disabilities has a right to equal access to play, recreation and leisure and sporting activities, including those activities in the school system.(8)The Council in consultation with relevant Government establishments shall ensure that—(a)learning institutions take into account the needs of persons with disabilities with respect to the set entry requirements, pass marks, curriculum, examinations, auxiliary services, use of school facilities, class schedules, physical education requirements and other similar considerations;(b)learning institutions provide individualized support measures, appropriate equipment, assistive devices, adaptive technologies and other supportive services in environments that maximize academic and social development, consistent with the goal of full inclusion of students with disabilities;(c)the Ministry responsible for education formulates strategies to implement inclusive education through—(i)enforcement of recruitment and retention of special education teachers in all schools and institutions;(ii)adaptation and structural adjustments of all educational institutions to the needs of persons with disabilities;(iii)establishment of specialized institutions that undertake research and development in education for learners with disabilities;(iv)establishment of at least one assessment centre in each county to support educational institutions within the county, by way of teacher trainers, educational aids, equipment and materials;(v)promotion of the use of appropriate augmentative and alternative modes, means and formats of communication, adaptive technologies, including Braille and Kenya Sign Language; and(vi)introduction of Kenyan Sign language courses in all learning and training institutions.(9)The Cabinet Secretary in charge of education shall develop an adaptable examination framework and award a certificate to children with intellectual disabilities after completion of their education.(10)Each learner with disability including an intellectual disability has a right to be assessed and be placed in an appropriate learning institution in accordance with the outcome of the assessment.(11)Any person who denies a person with disability admission on the basis of disability commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or both.(12)In addition to subsection (11) the court may order unconditional admission of the person with disability.(13)The Cabinet Secretary responsible for education shall—(a)facilitate through policies and legislation, the development of persons with disabilities through their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential;(b)in collaboration with the relevant line ministries shall provide training facilities for speech therapy, occupational therapy, physiotherapy, guidance and counselling, audio-logical assessments, habilitation, and aural and oral rehabilitation for children with disabilities; and(c)together with the County Education Committees in charge of education make policy, legislation and sustainable financial frameworks in each financial year to achieve full realization of the right to education for persons with disabilities.(14)Every Person with Disabilities is entitled to receive the support services required, within the general education system, to facilitate his or her effective inclusive education.(15)The Council shall work in consultation with relevant agencies of National and County Governments to make provisions for an integrated system of special and non-formal schools and institutions, especially for the deaf, the blind, the deaf blind and those with developmental disabilities to cater for skills development and self-reliance, and establishment of braille and recorded libraries for persons with visual disabilities.