The High Court in Nairobi has certified as extremely urgent a judicial review application seeking orders to compel the installation of disability-friendly facilities at Milimani Law Courts.
The application, filed under the Judicial Review Division, seeks orders of mandamus against the Judicial Service Commission and other justice sector stakeholders for alleged failure to provide adequate access for persons living with disabilities .
In the case, Sheria Mtaani na Shadrack Wambui argues that persons living with disabilities continue to face serious impediments accessing court services at Milimani Law Courts due to lack of ramps, lifts, handrails, guiding rails and appropriate lavatory facilities .
Through Lawyer Danstan Omari, the lobby group states that the matter deserves priority hearing because access to justice is being impeded contrary to Articles 19, 20, 21, 22, 23, 47, 48, 50, 54 and 159 of the Constitution .
They contend that despite prior correspondence to the Judicial Service Commission raising concerns about accessibility challenges, no meaningful corrective action has been undertaken .
In the substantive motion, the applicant seeks an order compelling the respondents to fast-track the installation of ramps, lifts, handrails, guiding rails and accessible lavatories within Milimani Law Courts .
They further seek a declaration that the continued failure to provide such facilities infringes on the constitutional rights of persons living with disabilities to access justice and participate in court proceedings without discrimination .
In a supporting affidavit, Shadrack Wambui states that Milimani Law Courts is among the busiest court stations in the country and ought to have inclusive infrastructure to serve advocates, judicial officers, litigants and members of the public living with disabilities .
