Kenya
Persons with Disabilities Act 2025
Impact date: 27 May 2025 The Persons with Disabilities Act No. 4 of 2025 strengthens protections and rights for individuals with disabilities. A number of employer obligations have been introduced under the Act, including but not limited to:
- Employers with over 20 staff are required to reserve at least 5% of positions for persons with disabilities
- Employers are required to formulate policies and programs to enhance employment opportunities for persons with disabilities
- Employers must not practice discrimination on account of disability when recruiting and
- Employers must make provision of reasonable workplace accommodations and report annually to the National Council for Persons with Disabilities on their inclusion efforts
These obligations on employers aim to promote equal opportunity, dignity, and economic empowerment for persons with disabilities.
Under this Act, employers will have access to various incentives including eligibility for tax deductions on salaries and wages paid to an employee.
The Act also extends the retirement age for disabled employees by five years.
Employer implications/action needed Employers will be required to comply with the obligations and requirements arising under Section 21 – 23 of the Act. Employers should also take note of the incentives available to employers that employ persons with disabilities.
Employer risk An employer that willfully and without any lawful justification discriminates against a person on account of disability commits an offence under the Act, which on conviction will result in a fine not exceeding KShs. 2,000,000 or imprisonment for a term not exceeding two years or both. In addition to this, failure by the employer to comply with any other provisions of this Act will result in a general penalty of a fine not exceeding KShs. 500,000 or imprisonment for a term not exceeding two years or both.
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Recruitment of workers
Impact date: Awaited. The Bill has passed the 2nd Reading stage on 12 June 2025 and is currently at the 3rd Reading/Committee of the Whole Stage. The Labour Migration Management Bill, 2024 is a Bill that was introduced by the Senate. The Bill was first published on 21 March 2024 as Kenya Gazette Supplement No. 72 (Senate Bills No.16) and is intended to regulate private employment agencies and the recruitment of workers both within and outside Kenya. The primary objectives of this Bill are to promote safe, fair, ethical and orderly recruitment of workers, protect the rights of job seekers, enhance coordination of labor migration governance in Kenya, enhance transparency and flexibility in labor migration and promote overseas employment among other objectives.
Employer implications/action needed Once the Bill is passed private employment agencies will need to ensure they comply with the registration requirements and practices laid out in the Bill.
Employer risk An employer found to be in contravention of the provisions of the Bill, once implemented, will be liable to a general penalty in the form of a fine not exceeding KES 1,000,000/- or to imprisonment not exceeding two years or both.
Regulation of private security employers
Impact date: Awaited. Currently undergoing public participation New Regulations are awaited that will regulate the mandatory training of the directors, partners, trustees, administrators, management staff and employees of private security firms. The Regulations will further provide that the Authority shall have supervisory powers over security training and assessment of persons employed in the private security industry.
Employer implications/action needed Employers in the private security industry should start to consider processes for the mandatory training of workers, including demonstrating proof by way of testimonials of undergoing continuous professional development courses annually.
Employer risk No implication
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Labor Relations (Amendment) (No. 3) Bill 2024
Impact date: Awaited. It is yet to be gazetted and enacted into law. It is currently awaiting Presidential assent The Labor Relations (Amendment) (No. 3) Bill, 2024, has been introduced to the Senate and it aims to prohibit the deduction of agency fees from the wages of unionizable employees who are not members of a trade union but are covered by the union's collective bargaining agreement. This amendment aligns with constitutional principles of freedom of association and the right to fair labor practices. The Bill also seeks to ensure fair labor practices for all unionizable workers and promote good governance, integrity, transparency, and accountability within trade unions and employers' organizations. It also addresses issues related to the term of office for union officials and the requirements for registering a trade union.
Employer implications/action needed Employers will be required to stop deducting agency fees from non-union members covered by a union's collective bargaining agreement.
Employers will also be required to review existing collective bargaining agreements to ensure they comply with the new provisions regarding agency fees.
Employer risk Employers may be liable for unlawful deductions from employees' wages. Non-compliance could also lead to industrial action, such as strikes or work stoppages, which can disrupt business operations and employers may face penalties or fines imposed by labor regulatory authorities.
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