A proposed law in Kajiado County seeks to strengthen the rights of children with disabilities to access early childhood education through mandatory accessibility standards, teacher training and dedicated funding for inclusive learning.
The Kajiado County Early Childhood Education (Amendment) Bill, 2026, developed under the ongoing Rise Up project in partnership with the Orione Community Training Centre (OCTC) and Strathmore University's Strathmore Law Clinic, proposes amendments to the Kajiado County Early Childhood Education Act, 2023. The Bill seeks to expressly prohibit discrimination against children with disabilities and require early childhood education providers to make reasonable accommodations to enable them to learn alongside other children.
Under the proposed amendments, every child with a disability or special needs would have a right to inclusive early childhood education on an equal basis with other children. The County Executive Committee Member responsible for education and service providers would also be required to take measures to ensure children are not excluded from early childhood education services because of disability.
Stakeholders working with children during a training at the OCTC in Kandisi ,Ongata Rongai, Kajiado County
The proposed law would place a direct obligation on early childhood education providers to provide reasonable accommodation for children with disabilities. A provider would be prohibited from denying admission to, or excluding a child from, a licensed early childhood service because of disability, with failure to provide reasonable accommodation without justifiable cause amounting to discrimination under the proposed law.
The Bill also proposes making accessibility a condition for granting or renewing licences, with regulations establishing minimum standards covering classrooms, premises, sanitation facilities, play areas, learning materials and other facilities used by children with disabilities.
Funding, Training and Curriculum Reforms Proposed
The Bill proposes the creation of a disability inclusion grant within the county's early childhood education funding framework. The grant would support reasonable accommodation, assistive devices, teacher aides and accessibility improvements in early childhood education facilities. The County Executive Committee Member would also be required to prioritise funding for measures necessary to provide inclusive education and reasonable accommodation. The proposed legislation recognises that implementing these measures would require additional public expenditure, and provides for specific legal obligations on Kajiado County and early childhood education providers covering admission and the allocation of necessary funds through the county government's annual estimates.
The proposed amendments would also introduce new training requirements for early childhood education teachers. A person seeking to serve as a teacher would be required to have undergone training in inclusive education and special needs education, or to undertake to obtain such training within a period prescribed by the County Executive Committee Member. The provision would also allow teachers already in service to acquire the required training.
The Bill proposes incorporating Universal Design for Learning into the county's early childhood curriculum framework, to make learning accessible to children with and without disabilities. The curriculum would also provide for reasonable accommodation and, where necessary, individualised education programmes for children with disabilities, with alternative communication methods, instructional materials and assessment approaches provided where necessary to address the individual needs of learners with disabilities.
Reporting, Complaints and Legal Alignment
The proposed amendments would require the county government to publish guidelines and minimum standards for inclusive early childhood education and reasonable accommodation within 12 months after the relevant provisions come into force. The County Executive Committee Member would also be required to submit an annual report to the County Assembly detailing measures taken and progress made towards securing inclusive early childhood education for children with disabilities and special needs.
Early childhood education providers would be required to maintain records of children with disabilities enrolled in their facilities, with information disaggregated by disability and gender. Parents and guardians who believe a service provider has violated the proposed disability inclusion provisions would be able to lodge complaints with the County Education Board, which would have powers to investigate complaints and issue appropriate directions. The proposed complaints mechanism would not prevent parents or guardians from seeking redress through the courts or the National Council for Persons with Disabilities.
The proposed legislation seeks to strengthen protection for children with disabilities in early childhood education while aligning the county's legal framework with Kenya's constitutional and legislative obligations, as well as regional and international instruments on the rights of children and persons with disabilities.
Patrick Nzomo, Faculty Director at Strathmore Law Clinic, said the Kajiado County Early Childhood Education Act, 2023, was enacted before the Persons with Disabilities Act, 2025, which he said incorporated various international and regional best practices that county legislation should reflect. "Counties should ensure we have the best possible acts for the counties, align the act with the Constitution, regional and international laws and other key provisions that affect children with disabilities," Nzomo said.
The proposed Bill was handed over to Ongata Rongai Ward Member of the County Assembly, Titus Matheka, to begin the process of taking it through the County Assembly. Matheka said the proposals were timely and would support persons with disabilities, particularly highlighting the proposed discrimination clause as an important provision for addressing cases of discrimination.
Stakeholders working with children were taken through the Bill during a graduation ceremony after completing the Inclusive Features Certificate Programme at the OCTC in Kandisi, Ongata Rongai, Kajiado County.
By Obegi Malack
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