Persons with disabilities decry court barriers to Justice

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The High Court of Kenya has certified as urgent a case seeking to compel the Judicial Service Commission to address alleged infrastructure failures that deny Persons with Disabilities (PWDs) access to justice.

In HCJR/E037/2026, applicants Sheria Mtaani and Shadrack Wambui argue that facilities at the Milimani Law Courts remain largely inaccessible, particularly in the Magistrates’ Criminal Division. 

A picture of Milimani law courts building/Photo/file

Lifts and ramps are reportedly missing or non-functional, effectively locking out wheelchair users from courtrooms and preventing them from attending proceedings in person.

The petition is supported by the Law Society of Kenya and the National Council for Persons with Disabilities as interested parties, signaling wider concern within the legal and disability rights sectors.

Applicants further state that the absence of tactile guiding rails and handrails has created safety risks, with visually impaired court users reportedly suffering falls while navigating the premises. 

Inadequate or entirely unavailable accessible washrooms reportedly force PWDs to seek facilities outside the court building, undermining dignity and meaningful participation in judicial processes.

While the Judiciary has expanded virtual hearings in recent years, the suit argues that many criminal matters still require physical attendance, disproportionately disadvantaging persons who cannot access the court infrastructure.

Filed under the Fair Administrative Action Act, the case accuses the JSC of violating constitutional guarantees on equality, dignity, and access to justice, and calls for immediate remedial measures to make court facilities inclusive.

The court directed the respondent to file its response within three days of service.

The matter scheduled for mention on February 24, 2026, when compliance will be confirmed and further directions issued.

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