Nairobi, Kenya — The Kenya National Commission on Human Rights (KNCHR) has strongly condemned the growing trend of online ridicule and harassment directed at persons living with disabilities, terming it a gross violation of constitutional and human rights protections.
In a statement released on Wednesday, KNCHR Chairperson Claris Ogangah expressed deep concern over a recent social media challenge that mocked a person with a disability. The Commission emphasized that such actions breach Article 28 of the Constitution, which guarantees the right to human dignity, as well as provisions of the newly enacted Persons with Disabilities Act, 2025.
“Failing to treat persons living with disability with dignity is not only a violation of the Constitution but also a violation of human rights,” Ogangah stated.
The Commission highlighted that Kenya has made significant strides in advancing the rights of persons with disabilities, tracing progress from the Persons with Disabilities Act of 2003 to the updated Act No. 4 of 2025, which strengthens legal protections in line with national and international human rights standards.
The law enshrines rights to equality and non-discrimination (Article 27), human dignity (Article 28), and freedom from violence, exploitation, and abuse (Article 29), among others. It also provides a clear legal path for redress, allowing individuals to seek justice through the High Court for any violation of these rights.
Importantly, Section 67 of the Act criminalizes degrading treatment of persons with disabilities — whether through speech, writing, signs, or visual representations — with offenders facing fines of up to KSh 1 million or imprisonment of up to one year.
The Commission has documented multiple instances of online abuse and is demanding immediate public apologies from those involved in the recent incident. KNCHR warned that individuals who fail to apologize could face legal action under the new disability law.
The agency also urged increased vigilance and enforcement from state bodies, particularly the National Council for Persons with Disabilities (NCPWD), to ensure the full implementation of the Act.
Reaffirming its role as Kenya’s monitoring body for the UN Convention on the Rights of Persons with Disabilities (CRPD), KNCHR pledged to continue raising awareness, investigating violations, and reviewing policies to uphold the dignity and rights of all persons with disabilities.
“Haki kwa Wote, Kila Wakati,” the statement concluded — justice for all, at all times.
