A public interest group filed an urgent application seeking to compel the Judicial Service Commission (JSC) to install disability-friendly infrastructure at the Milimani Law Courts, describing the current state of access as a violation of constitutional rights.
Sheria Mtaani na Shadrack Wambui, lodged the judicial review application on Monday, certified as extremely urgent.
The petitioner sought 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) within the Nairobi court complex.
In the court papers, the applicant through his lawyer Danstan Omari argue that the lack of these facilities has created a “serious impediment on access to justice,” contrary to Article 159 of the Constitution.
He contended that advocates, litigants, and even judicial officers who live with disabilities face significant hurdles when attending physical court sessions.
“The persons living with disabilities, some of whom are Advocates, litigants and judicial officers are not adequately catered for in respect of their access to justice,” read part of the application.
“There is a huge want for/of amenities sufficient to serve their mobility within the precincts of the Courts.”
In a supporting affidavit, Wambui, an advocate of the High Court, detailed his firsthand observations of the challenges faced by court users with disabilities.
He alleged that the situation is so dire that some are forced to seek basic amenities outside the court premises.
“So bad is the situation that most of the said persons living with disabilities, some of whom are my fellow Advocates of the High Court of Kenya, Judicial Officers and Litigants… have to use washrooms at the NSSF building, any time they are within the vicinity of the Milimani Law Courts,” Wambui said.
The applicant further argued that while access to justice is an unlimited right guaranteed to all citizens, the current infrastructure indirectly withholds that right from PWDs.
He pointed out that despite being the busiest court station in the country, Milimani lacks the necessary mobility and sanitary facilities, effectively excluding a segment of the population from participating in judicial proceedings.
The application references a formal letter sent to the JSC in December 2025, highlighting the “persistent and serious infrastructural challenges” and the absence of ramps, lifts, and guiding rails for the visually impaired, which poses a “grave safety risk”.
According to the court documents, there has been no response or evidence of progressive steps taken by the Commission to address the complaints.
Omari want the court to issue a declaration that the rights of PWDs to access justice have been infringed upon and to compel the respondents to progressively implement these amenities in all open court stations across the Republic of Kenya.
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.
The applicants maintain that no prejudice will be suffered by the respondents if the orders are granted. Instead, they argue, it would be a significant step toward ensuring inclusivity and upholding the dignity of all court users.
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