The Persons with Disabilities Act 2025 is a transformative Kenyan law that sets enforceable obligations on financial sector businesses and credit providers to promote equitable access, inclusion, and non-discrimination for persons with disabilities (PWDs). This article outlines the key compliance requirements, referencing relevant provisions for clarity and practical application.
Right to Financial Inclusion and Control (Section 7(3))
Section 7(3) affirms every PWD’s right to own and inherit property, manage their financial affairs, and have equal access to savings, loans, mortgages, and other financial credit. This fundamental right mandates financial institutions to revise policies and procedures to eliminate discrimination, actively facilitating equal access to accounts, credit facilities, and investment products.
Obligation to Take Specific Measures (Section 19(2))
Section 19(2) requires all public and private institutions—including banks and credit providers—to take effective measures, and where appropriate, specific targeted actions to improve the economic and social conditions of PWDs. In practice, this means creating inclusive financial products, strengthening outreach and education tailored to PWD clients, and partnering with disability organizations for co-designed solutions. This provision embeds disability inclusion as a central institutional priority.
Accessibility of Financial Services and Platforms (Section 27)
Section 27 mandates that financial services—whether physical branches, online banking, mobile money platforms, or ATMs—must be accessible to PWDs using appropriate formats and technologies. This includes screen reader compatibility, sign language or captioning for media content, simplified navigation for motor impairments, and physical accessibility measures such as ramps, accessible counters, and clear signage.
Guidelines for Equal Access to Credit (Section 59)
Section 59 empowers the Cabinet Secretary responsible for credit unions, cooperatives, and lending institutions, advised by the National Council for Persons with Disabilities (NCPWD), to establish guidelines ensuring PWDs have equal access to loans, mortgages, and other forms of credit. Financial providers must anticipate and comply by adopting non-discriminatory criteria, offering reasonable adjustments in application processes, and supporting financial literacy efforts specific to PWDs’ needs.
Reasonable Accommodation and Non-Discrimination (Section 21 and 22)
Though primarily addressing employment under Sections 21 and 22, the principles of reasonable accommodation apply broadly to service provision. Financial institutions are required to make necessary adjustments that allow PWD clients to effectively access and use products and services. Non-discrimination applies across all interactions including customer service, marketing, communication, and complaint resolution.
Monitoring, Data Collection, and Reporting
Financial institutions must maintain records of disability inclusion efforts and PWD customer data to report periodically to the NCPWD. Transparent monitoring supports evaluation of inclusion progress and identifies areas requiring improvement.
Penalties for Non-Compliance (Section 62)
Section 62 details significant penalties for non-compliance, including fines of up to KSh 2 million or imprisonment for up to two years, underscoring the importance of proactive adherence to the Act’s provisions.
Practical Compliance Recommendations
To meet compliance obligations, financial sector businesses and credit providers should:
- Conduct audits of physical branches and digital platforms for accessibility gaps.
- Update policies integrating disability inclusion and non-discrimination measures.
- Train staff across departments on disability rights, accommodations, and inclusive service practices.
- Develop financial products tailored to PWD needs and preferences.
- Offer accessible information and multiple channels of communication.
- Establish clear, accessible complaint and feedback mechanisms.
- Liaise with PWD organizations and the NCPWD for guidance and partnership opportunities.
- Prepare for regular compliance reporting and audits under the Act.
Conclusion
The Persons with Disabilities Act 2025 firmly institutionalizes equity and inclusion for PWDs in Kenya’s financial sector. Compliance requires accessible services, reasonable accommodations, and non-discriminatory practices, benefiting both PWD clients and institutions through expanded market reach and enhanced corporate responsibility. Engaging expert legal and technical advisors is recommended for effective navigation of these obligations.
