Education is a fundamental right of the child with or without disability. It is presumed to be the key to a better childhood and a better future for all children. The paper underscores the fact that education is a responsibility of the state and a core element of any developmental policy committed to social justice. Yet for many children in Kenya, especially those with different forms of disabilities, the right to education remains unfulfilled. While the global number of out-of-school children declined over the past 15 years, little or no statistics have been given by the Government of Kenya to show the situation of children with disabilities in or out of schools in Kenya. Despite this information gap, inclusive education has been rolled out in public primary schools devoid of adequate teachers with varied skills on special needs. This study examines the aspects of discrimination facing these children living with disabilities as perpetuated by policy failures, cultural and social beliefs, attitudes and practices that still prevent them from benefiting from educational opportunities. The study adopted a cross-sectional survey design with participatory methodology (using mixed paradigm) and reflective action approach to learning and social change. Findings show how disabled children enrolled in public schools form a very small proportion of their actual population in each study area. The structures in schools also seem to worsen their situation of discrimination. Outside the school context, the children living with severe disabilities are not only discriminated against, but they are also faced with violence blamed on taboos in their families. As a remedy, a raft of policy proposals are made including in-service teacher training and appropriate record keeping of the affected children and the need to address their needs as a right.