High Court Petition Seeks to Compel Judiciary to Install Full Disability Access at Milimani Law Courts

A public interest group and an advocate have filed a petition at the High Court in Nairobi seeking mandatory orders to compel the Judiciary to install disability-friendly facilities at the Milimani Law Courts complex.

The petition, brought by Sheria Mtaani and advocate Shadrack Wambui, argues that the current physical layout of the Milimani Law Courts excludes persons with disabilities from accessing justice in violation of constitutional guarantees.

The application, filed in the Judicial Review Division, specifically requests orders of mandamus against the Judicial Service Commission to fast-track the installation of ramps, lifts, handrails, guiding rails, accessible lavatories, and other essential features required for wheelchair users and individuals with mobility, visual, or hearing impairments.

In supporting affidavits, the applicants state that despite clear constitutional protections, many court buildings—particularly open court stations—remain inaccessible. They highlight that persons with disabilities, including advocates, litigants, judicial officers, and members of the public, face severe difficulties navigating the premises.

The petition notes that the situation worsened after the Covid-19 pandemic, with many affected court users forced to seek washrooms in neighboring buildings when attending matters at Milimani. The applicants stress that, as the country’s largest and busiest court station, Milimani Law Courts should set the standard for inclusive infrastructure.

The petitioners further argue that administrative attempts to raise the issue yielded no results, despite formal correspondence seeking intervention. They contend that the lack of basic accessibility amenities effectively denies persons with disabilities the right to be heard in open court and undermines the principle of equal access to justice.

The relief sought includes:

• A declaration that the current inaccessible state of Milimani Law Courts violates Articles 21, 27, 28, 48, 50, and 54 of the Constitution, which guarantee equality, non-discrimination, human dignity, access to justice, fair hearing, and specific rights of persons with disabilities.
• A declaration that the Judiciary has failed to fulfill its positive obligation under Article 54(1) to provide reasonable access and reasonable accommodation for persons with disabilities.
• An order of mandamus compelling the respondents to install and maintain disability-friendly infrastructure at Milimani Law Courts within a reasonable timeframe set by the court.
• An order directing the Judiciary to conduct an accessibility audit of all court stations nationwide and develop a time-bound plan for full compliance with disability access standards.
• Costs of the petition and any other relief the court deems fit.

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

The matter has been filed under a certificate of urgency, with the applicants urging the court to prioritize the hearing. They warn that continued inaction will perpetuate discrimination and lock out persons with disabilities from the institutions meant to protect their rights.

The petition adds to ongoing advocacy efforts to make Kenya’s justice system fully accessible and inclusive, in line with constitutional guarantees and international obligations under the UN Convention on the Rights of Persons with Disabilities, which Kenya ratified in 2008. The case is now before the Constitutional and Human Rights Division of the High Court, with no hearing date yet assigned.