The National Council for Persons with Disabilities says registration and adjustment regulations have progressed, while new tax exemption rules are still being worked on with Treasury and KRA.
The National Council for Persons with Disabilities (NCPWD) has developed three sets of regulations to support the implementation of Kenya’s Persons with Disabilities Act, 2025, as the country moves towards a new framework for protecting and advancing the rights of persons with disabilities.
In a press statement, the Council said the proposed regulations cover registration of persons with disabilities, adjustment orders and income tax exemptions for persons with disabilities, parents and guardians.
However, the three sets of regulations are not at the same stage.
NCPWD said the Persons with Disabilities (Registration) Regulations and the Persons with Disabilities (Adjustment Orders) Regulations have progressed well, while the proposed income tax regulations are still undergoing consultations with the National Treasury and the Kenya Revenue Authority (KRA).
The Council’s update is significant for Kenyans with disabilities because the 2025 law introduced a new legal framework after repealing the previous Persons with Disabilities Act.
The Act, which commenced on May 27, 2025, restructures NCPWD and gives it responsibility for protecting, promoting and monitoring the rights of persons with disabilities.
New rules will cover PWD registration
One of the regulations being developed will specifically govern the registration of persons with disabilities.
This is particularly relevant because registration is one of the Council’s core functions under the new law.
The Persons with Disabilities Act, 2025 provides for the continuous registration of persons with disabilities and the issuance of disability identification cards. It also provides that a person with a disability who is not registered should not be denied access to the services provided for under the relevant provisions of the Act.
The new registration regulations are therefore expected to provide the detailed framework for implementing the registration provisions of the new law.
NCPWD, however, has not said in the latest statement that the new registration regulations have already taken effect.
That distinction is important for people seeking to register now. The Council says the regulations have progressed well, but it still has to complete the process before they become final.
Adjustment rules could strengthen accessibility enforcement
The second set of regulations concerns Adjustment Orders, a mechanism provided for under the 2025 Act to address barriers that prevent persons with disabilities from accessing premises, services and amenities.
Under the Act, the Council can issue an Adjustment Order where it considers that premises, services or amenities are inaccessible because of structural, physical, administrative or other barriers. The order can require the owner or service provider to undertake specified measures to improve access.
The law applies the provision to premises open to members of the public, public transport operators, communication and information service providers and services or amenities ordinarily provided to the public.
A person served with an Adjustment Order must first be given an opportunity to make representations before the Council decides whether to issue, defer or refrain from issuing the order. A person aggrieved by a confirmed or issued order can appeal to the High Court within 30 days.
The regulations being developed by NCPWD are expected to provide more detail on how this part of the law will be implemented.
Tax exemption rules are still being worked on
The third set of regulations could have a direct financial impact on persons with disabilities, as well as some parents and guardians.
They relate to income tax exemptions for persons with disabilities, parents and guardians.
Unlike the registration and adjustment regulations, however, NCPWD says these regulations have not yet reached the same stage.
The Council is still consulting with the National Treasury and KRA before finalising the draft.
That means Kenyans should be cautious about treating any proposed changes contained in draft regulations as already applicable.
The latest statement does not announce a new tax exemption or indicate that the proposed regulations have come into force.
Public participation will follow
Once the regulations have been finalised, NCPWD says they will proceed to public participation.
The Council says persons with disabilities and other stakeholders will have an opportunity to examine the proposed regulations and submit their views and recommendations.
NCPWD said it would keep the PWD community and other stakeholders informed about the next steps and arrangements for the public participation process.
The Council also said the process would be inclusive and transparent and guided by the rights and interests of persons with disabilities.
What happens next?
For now, the immediate takeaway is that Kenya is still in the process of translating the Persons with Disabilities Act, 2025 into detailed regulations.
The registration and Adjustment Order regulations have progressed, while the tax exemption regulations remain under consultations with Treasury and KRA.
The next major stage will be public participation before the regulations are finalised.
For persons with disabilities and organisations representing them, that stage will provide an opportunity to scrutinise the proposed rules and raise issues before they are finalised.
The development also means that Kenyans following issues such as PWD registration, accessibility and disability-related tax exemptions should distinguish between what is already provided for in the 2025 Act and what is still being developed through regulations.
That distinction will become increasingly important as NCPWD moves towards implementing the new framework.
