The Basic Education Act 14 of 2013 ensures the right of all children with disabilities
to free and compulsory education for the first time in Kenya. However, the Act
continues to perpetuate discrimination against Kenyan children with disabilities.
First, the law fails to provide reasonable accommodations in education, which
amounts to disability discrimination. Second, the law fails to ensure an inclusive
education system as required by article 24 of the CRPD. While there has been some
debate as to whether article 24 bans all specials schools, the Basic Education Act
creates a system in which all children with disabilities are required to attend separate
schools, solely based on their disability. Although an inclusive education system
may not be possible to achieve in Kenya overnight, the law does not do enough to
promote equal educational opportunities for children with disabilities as required by
the CRPD. At the very least, children with disabilities should be guaranteed the
right to an education in the least restrictive environment, which, we argue, is
possible to achieve immediately. The right to education in the least restrictive setting
ensures that children with disabilities are provided the opportunity to learn withtheir non-disabled peers. However, enforcing the right to education in the least
restrictive environment should not be the final goal; it is only a means that will lead
towards full inclusion for all children with disabilities in Kenya, as mandated by the
CRPD.