In Kenya, persons with disabilities make up about 2.2% of the population, roughly 0.9 million individuals, 57% of whom are women, a United Nations Population Fund (UNFPA) report reveals. Yet, children with disabilities continue to be among the most marginalised and vulnerable when it comes to reproductive health and protection from sexual abuse.
Despite robust legal protections, these children are often overlooked by an underprepared and uncoordinated system.
“They are vulnerable and frequently have no one to fight for them,” says Jane Ndenga, OGW, Executive Director of the Disabled Inclusion Node Association (DINA) and a national wheelchair tennis player.
A fierce advocate for disability rights, Ndenga has spent years amplifying the voices of children with disabilities, driven in part by her own experiences navigating a society that too often overlooks their needs.
Ndenga’s advocacy was galvanised during her tenure as Project Coordinator for the ‘Amplify Change’ project under the Network for the Disabled in Kibera. It was during a menstrual hygiene training that a mentally disabled girl disclosed she had undergone an abortion, courtesy of her parents, after being sexually abused by a relative. “She didn’t even understand that she had been defiled,” Ndenga recalls.
Such incidents are alarmingly common.
In a parent support group session Ndenga facilitated, a mother recounted the story of her 14-year-old daughter with severe cerebral palsy, who was always in bed and was defiled by a neighbor while she briefly left the house.
Months later, physical changes signalled that the girl was pregnant. A DNA test confirmed the perpetrator, who, upon confrontation and the involvement of a local chief, promised to take care of the child and offered a monetary compensation of Kshs. 100,000 to the family. “The child’s father accepted the money because the family was in dire need of it, leaving the mother feeling robbed of justice,” Ndenga explains.
This culture of silence and informal resolution is deeply troubling to reproductive health and disability rights experts like Robert Waweru, Kenya Human Rights Commission (KHRC) Program Advisor on Citizenship and Statelessness.
According to Waweru, “Children with disabilities face a four times higher risk of sexual violence compared to their non-disabled peers, often at the hands of those entrusted with their care and protection.”
A web of laws, but a gap in action
“Kenya has made significant strides in establishing a robust legal framework that safeguards the reproductive health rights of children with disabilities,” says Waweru.
The Constitution of Kenya (2010) lays a strong foundation by guaranteeing every child the right to the highest attainable standards of healthcare under Article 53, protection from all forms of abuse under Article 29, and the right to equality and non-discrimination under Article 27.
These constitutional guarantees are reinforced by sectoral laws such as the Children Act (2006), the Persons With Disabilities Act (2023), and the Sexual Offences Act (2006), which collectively provide legal safeguards against violations.
Additionally, the Health Act (2017) recognises and affirms access to reproductive healthcare as a basic right, emphasising inclusivity and non-discrimination. However, Waweru highlights a glaring issue: “Despite the existence of these laws, implementation is weak. Services often fail to reach children with disabilities in practice.”
The silent violation: Forced contraception
One of the most disturbing trends Ndenga has observed is the silent, widespread use of long-term contraceptives on girls with disabilities, often without their consent.
“Parents are more focused on preventing pregnancy due to societal shame than on the overall well-being of their children,” she says. “They overlook the risk of sexually transmitted infections, which contraceptives don’t prevent.”
Waweru confirms that placing a child with a disability on contraceptives without their informed consent is a clear violation of human rights.
Citing the Convention on the Rights of Persons with Disabilities (CRPD) and Convention on the Rights of the Child (CRC), he emphasises that “forced contraception fundamentally violates principles of bodily autonomy and informed consent.”
The Children’s Act (2022) requires interventions to be both proportional and respectful of a child’s evolving capacity to make decisions.
Justice: The elusive promise
In theory, mechanisms exist for children with disabilities to access justice: Children’s Courts, Gender-Based Violence Recovery Centres, and Child Protection Units in police stations. But the system, Waweru argues, is “rarely accessible or equipped to handle cases involving disability-specific needs.”
Children with communication disabilities often cannot testify effectively. Sign language interpreters are scarce. Many health facilities and courts lack physical and procedural accessibility. Worse, evidence collection methods rarely accommodate children with disabilities, making prosecution difficult. As a result, many families settle cases informally, as seen in the case Ndenga shared.
“This is not justice, but resignation,” Ndenga insists.
Parents, Protection, and the Risks of Control
Navigating the thin line between protection and rights violation is a daily struggle for many parents of children with disabilities. While guardians have a duty to protect, Waweru cautions against overreach.
“The best interest of the child must always be balanced with proportionality and respect for autonomy,” he says.
Parents need support, not just in caregiving, but in understanding how to protect their children without infringing on their rights. Family-centred disability services, peer support networks, and accessible sexuality education are key. So are professional ethics consultations and multi-agency case management.
“Protection should never come at the cost of dignity,” Waweru emphasises.
Ndenga, through her organisation DINA, ensures that parents are empowered and equipped with accurate information to aid them in taking care of their kids. The parents’ support groups also act as an avenue for gatekeeping, where parents monitor each other and report any violations of the children.
A Rights-Based Future
Kenya’s reproductive health system is not designed with disability in mind. Information is rarely available in Braille, sign language, or simplified formats. Healthcare providers often communicate with guardians instead of directly with the child. As Waweru notes, “The system prioritises prevention over education and empowerment.”
As indicated by Waweru, a rights-based approach would be inclusive sexuality education adapted to different communication and cognitive needs, with participatory program design involving children with disabilities, involving trained healthcare providers who respect autonomy and confidentiality and have data systems that track disability-inclusive reproductive health indicators.
Ndenga and Waweru agree that meaningful inclusion requires both systemic changes and a shift in societal attitudes. “We must change how we see these children, from objects of pity to full rights-holders,” Ndenga says.
Changing mindsets is perhaps the greatest challenge. But both advocates believe it’s possible.
“Media can play a crucial role in reshaping perceptions,” Waweru notes. Inclusive education, community sensitisation, and stronger civil society-government partnerships are all critical.
For Ndenga, the mission is personal: “These children matter. Their bodies, their voices, and their rights matter. Parents should treat them with respect. Transformation begins from the family level”
Kenya has officially enacted the Persons with Disabilities Act, 2023, which was signed into law by President Ruto on May 8, 2025. The Act seeks to operationalise Article 54 of the Constitution and restructure the National Council for Persons with Disabilities. It also establishes a comprehensive framework to safeguard and promote the rights of persons with disabilities. As the country rolls out the Disability Inclusion Policy 2024 and strengthens child protection systems, the true test lies in translating legal commitments into tangible change for vulnerable children.