Public budgets are the best vehicles through which governments can deal in an effective and sustainable way with marginalization. The budgeting cycle is one of the most predictable government processes, running on a regular timetable/cycle that clearly outlines when key decisions are made, who is responsible, and who should participate. It follows four distinct stages: planning and formulation, approval, implementation, and audit or evaluation. Together, these stages run concurrently and last roughly two and a half years.
As the 2026/27 budget process begins (for allocations from July 1st, 2026), it presents a strategic opportunity for the government to strengthen service delivery for persons with disabilities and, more importantly, to operationalize Persons with Disabilities Act, 2025, which was assented to on May 8 2025 and commenced on May 27 2025.1,2 This new law has many progressive provisions that require government resourcing for it to be actualized.
The Persons with Disabilities Act, 2025, marks a major step in Kenya’s journey toward inclusion and equality. It replaces the earlier 2003 law to align with the 2010 Constitution, international conventions such as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the lived realities of persons with disabilities today.
The 2025 Act strengthens the legal and policy framework for protecting and promoting the rights of persons with disabilities, with a strong focus on dignity, equity, and full participation in daily life. Among its core provisions are mandatory inclusion in and access to education, employment, health, justice, political participation, and social protection systems. The Act establishes clearer obligations for both national and county governments to integrate disability considerations into planning and budgeting, ensuring services and infrastructure are truly accessible.
A key aspect of the new law is the emphasis on financing, requiring dedicated budgetary allocations to implement disability programs and stronger accountability mechanisms through a strengthened National Council for Persons with Disabilities. This will open a space for conversations on how both levels of government can effectively fund disability related programmes without duplication. The Act also introduces penalties for non-compliance, signaling that disability inclusion is not optional but a legal duty.
In short, the new law is both a statement of intent and a binding framework: that Kenya is ready to move beyond policy promises to concrete, funded actions that will give real meaning to the constitutional principle of equity.
In this article, we focus on some of the key areas in the Act that should be prioritized as the budget for 2026/27 is formulated and implemented over the coming months.
First, better data systems are needed for persons with disabilities, designed to reflect their diverse situations for the identification, security protection of all persons with disability. Here is why credible data collection matters: according to the last census in 2019 by the Kenya National Bureau of Statistics, there are approximately 1 million persons with disabilities in Kenya.3 This represents 2.2% of Kenya’s total population. However, this figure is considerably lower than the global average of 16% calculated by the World Health Organization.4 The law tasks the National Council for Persons with Disabilities with the role of ensuring there is accurate and up-to-date data on persons with disabilities, and that includes advising on systematic collection, analysis and use of national statistics and disaggregated data on issues relating to persons with disabilities. Budgetary allocations to the Council will be a strong signal of the intention to ensure all persons with disability are properly documented and policies are responsive to their needs. This would also expand the access to disability benefits, assistive devices and social protection programmes to individuals who are currently being left out.
Reliable and timely data is absolutely critical because resource allocations are based on verified and demonstrated need. To the extent that disability is underestimated in official data, countless persons with disabilities will remain excluded from essential services—not due to lack of entitlement, but simply because they were not captured in data and recognized.
Second, every child with a disability has the right to free and compulsory basic education. According to UNICEF, 1.1 million Kenyan children aged between 6 to 13 years are out of school.5 This is even worse for children with disabilities, for instance, more than half (55.0%) of children with disabilities aged 6-13 were out of school due to severe disability, and nearly a fifth (17.8%) of children cited financial constraints and lack of special schools as the reason for not attending school.6 Therefore, investment in basic education and protection of funding for programmes for children with disabilities should be a key priority in education funding policy. The Persons with Disabilities Act tasks both national and county governments to provide “free and compulsory basic education” for all children with disabilities, with a rider to ensure that such programs are adequately funded.
Budget Options for the Coming Year
The Persons with Disabilities Act, 2025 commits both national and county governments to creating barrier-free environments and strengthening institutional capacity through investments in accessible infrastructure, data systems, and the recruitment and training of specialized staff such as special education teachers and sign-language interpreters so that persons with disabilities can fully access public services and facilities.
To ensure there is accurate targeting of beneficiaries, Kenya could identify more persons with disabilities in need of various services and target the funds by need more efficiently in the right sectors. Therefore, a good starting point would be to provide the required level of funding to support this vital role assigned by the new Act to the National Council of Persons with Disabilities. For the 2026/27 financial year, the National Council for Persons with Disabilities (NCPWD) requires Ksh 937 million to implement its mandate. However, the Social Protection, Culture and Recreation Sector Proposal Report 2026-27 give an allocation of only Ksh 549 million—just 48% of the Council’s total resource requirement/ need. In the current 2025/26 financial year, the Council received an approved budget of Ksh 450 million, a notable increase from the Ksh 329 million allocated in the previous financial year 2024/25.
In addition, the Cabinet Secretary in charge of education is also required to develop an adaptable examination framework for students with disabilities. This can be done from two fronts. First, the government can make further investments under the Kenya Special Education Institute (including assembly of assistive devices for school-going children), Kenya School for the Blind, Kenya National Examination Council, Education Assessment and Resource Centre. Second, there should be an expansion of free education programmes by making them more inclusive to accommodate the needs of children with disabilities. This requires investments through the various education funds, such as the free primary and day secondary education, special education funds and putting clear requirements for inclusion.
The cash transfer programme (Inua Jamii) for persons with disabilities currently reaches over 97,000 households, but better data could uncover thousands more in need. By guiding budget allocations, this information ensures funds reach the right people, reduces waste, and could increase coverage by 30–50%. Strong funding paired with strong data is how the Act’s promises become a real impact on all persons with disabilities.
In conclusion, the Persons with Disabilities Act 2025 transforms the rights of persons with disabilities from principles into actionable mandates for both levels of government in the provision of services and goods. However, the realisation of these legal rights is entirely dependent on the extent to which national and county duty bearers now ensure adequate and sustained budgetary allocations. The effective implementation of the law itself involves a range of direct and indirect costs which must be properly integrated into public financial management processes. This article speaks to some of them, but more importantly, lays emphasis on the need for the budgeting processes that have kicked off for 2026/27 to be alive and reflective of the goals set in the Act.
Annex
