High Court orders JSC to respond to disability access case at Milimani

Milimani Law Courts/FILE

The High Court has directed the Judicial Service Commission (JSC) to respond to a petition seeking urgent improvements to accessibility for persons with disabilities at the Milimani Law Courts. 

The petition was filed by public interest group Sheria Mtaani and lawyer Shadrack Wambui. 

The applicants argue that long-standing physical barriers at the court hinder access to justice for persons with disabilities, contrary to the Constitution of Kenya, 2010.

In directions issued by the court, the application was certified as urgent, and timelines were set for the filing of responses and submissions by the parties. 

The applicants were directed to serve the application by 5 pm on February 17, 2026.

The JSC and other interested parties were given three days from the date of service to file their responses, after which the applicants will file their submissions. 

The matter is scheduled for mention on February 24, 2026, to confirm compliance and give further directions.

The orders were signed by Justice John Chigiti.

According to the petition, the absence of facilities such as ramps, lifts, and other disability-friendly infrastructure has made it difficult for persons with disabilities to attend court proceedings or access services at Milimani.

The petitioners contend that these challenges amount to a violation of the constitutional right of access to justice under Article 159 of the Constitution. 

“There is a serious impediment to access to justice, contrary to the provisions of Article 159 of the Constitution of Kenya 2010, for reasons that persons with disabilities have no physical amenities, including but not limited to ramps and washrooms, to enable them attend physical matters at Milimani Law Courts,” the court documents state.

Through their advocate, Danstan Omari, the petitioners told the court that it has jurisdiction to determine the matter and urged the judiciary to take immediate steps to remove obstacles that exclude persons with disabilities.

The petition seeks orders of mandamus compelling the JSC to fast-track the installation of disability-friendly facilities, including ramps, lifts, handrails, guiding rails, and accessible lavatories.

It also seeks a declaration that the rights of persons living with disabilities to access justice in open court and other physical facilities at Milimani Law Courts have been infringed.

"A declaration be and is hereby made that the rights of persons living with disabilities to access justice at Milimani law courts, open court and other physical court facilities have been infringed upon and ought to be adequately and progressively met and realised," the application states.

Pending the hearing and determination of the judicial review, the petitioners also request temporary orders to expedite the installation of these facilities to ensure that persons with disabilities can attend court sessions without undue hardship.