The former Kenyan constitutional dispensation made no mention of persons with disabilities. The 1963 Constitution outlawed discrimination on various grounds such as race, tribe, color but omitted discrimination on the basis of disability. This evidences the manner in which the previous legal system overlooked the rights of persons with disabilities. However, other sectors made efforts in championing for these rights.
Chapter four of the Constitution on the Bill of Rights in which children are entitled to, Article 53 is specific to addressing the rights of children. The Article reiterates the rights granted to children in the Children Act such as the right to a name and nationality, free and compulsory basic education, basic nutrition, protection, parental care, and other rights touching on child detainees. The provisions in this legislation are quite extensive and the promulgation of the Constitution extended the scope of the protection of the rights and welfare of children in this Act.
