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    Court certifies as urgent suit to force provision of disability-friendly infrastructure in judiciary

    Pinnah MokeiraBy Pinnah MokeiraFebruary 17, 2026No Comments3 Mins Read
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    The High Court certified as urgent an application seeking to compel the Judicial Service Commission (JSC) to install disability-friendly infrastructure at the Milimani Law Courts.

    In directions issued on Tuesday, High Court Judge Justice John Chigiti certified the application dated February 16, 2026 as extremely urgent.

    The judge ordered the applicant to serve the respondents and interested parties by 5 pm on the same day.

    The petitioner is seeking an order of mandamus to force the JSC to fast-track the installation of essential amenities, including ramps, lifts, handrails, guiding rails, and accessible lavatory facilities for persons living with disabilities (PWDs) at the Nairobi court complex .

    According to the court directions, the respondent (JSC) and the interested parties have three days from the date of service to file and serve their responses, if any.

    The applicant will then have three days to file and serve their submissions.

    Following that, the respondents and interested parties will have another three days to file their respective submissions.

    The matter has been scheduled for a mention on February 24, to report on compliance with the directions and to track progress.

    In their application, the petitioner Sheria mtaani na Shadrack Wambui argues that the lack of disability-friendly facilities at Milimani, the country’s busiest court station, creates a “serious impediment on access to justice,” contrary to Article 159 of the Constitution.

    He contends that advocates, litigants, and even judicial officers with disabilities face significant hurdles when attending physical court sessions.

    In a supporting affidavit, Wambui says that the lack of accessible washrooms forces some to seek basic amenities outside the court premises.

    “So bad is the situation that most of the said persons living with disabilities… have to use washrooms at the NSSF building, any time they are within the vicinity of the Milimani Law Courts,” he deposed.

    The application also references a formal letter sent to the JSC in December 2025, which highlighted the “persistent and serious infrastructural challenges,” including the absence of ramps, lifts, and guiding rails for the visually impaired.

    According to the court filings, there has been no response from the Commission to date.

    The Kenya Magistrates and Judges Association, the Law Society of Kenya (LSK), the National Council on the Administration of Justice, and the National Council for Persons with Disabilities have been listed as interested parties in the suit.

    While the immediate focus is on Milimani, the petitioner is asking the court to compel the progressive implementation of these amenities in all open court stations across the Republic of Kenya.

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    Milimani Law Courts
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    Pinnah Mokeira

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