Beyond physical impairment and mental impairment: the case for recognizing diabetes as a disability in Kenya

Abstract

Diabetes is a chronic condition that affects millions of individuals globally, significantly impacting their quality of life. In Kenya, diabetics face numerous challenges, including high medical costs, limited access to healthcare, and social stigma. Despite these barriers, diabetes is not explicitly recognized as a disability under Kenya’s legal framework, leaving affected individuals without necessary legal protections. This study addresses this gap by examining whether diabetes should be classified as a disability under Kenyan law. The core thesis of this study asserts that diabetes meets the criteria for disability when analysed through the Social Model of Disability and the Nagi Model. These theoretical frameworks highlight how systemic barriers and day-to-day functional limitations restrict an individual’s ability to participate fully in society. Comparative case studies from Canada and the United States, along with a review of existing disability laws in Kenya, demonstrate that recognizing diabetes as a disability would provide diabetics with essential legal protections, including workplace accommodations, financial relief, and improved healthcare access. The research ultimately recommends amending Section 2 of the Persons with Disabilities Act to align with the broader definition found in Article 260 of the Constitution, ensuring that diabetics receive necessary legal and social support.

Keywords: Diabetes, Kenya, Disability and Legal Recognition