The Judicial Service Commission (JSC) has defended its efforts to improve accessibility at the Milimani Law Courts, telling the High Court that the transformation of older court buildings to accommodate persons with disabilities must be undertaken progressively due to financial and structural limitations.
In a replying affidavit sworn by JSC Secretary Winfridah B. Mokaya, the commission acknowledges the constitutional rights of persons with disabilities but argues that implementing full accessibility standards in existing facilities requires significant capital investment and cannot be achieved immediately.
Mokaya explains that key improvements such as repairing lifts, constructing ramps and installing disability-compliant facilities are large infrastructure projects that depend on funding approved by Parliament.
She notes that the Milimani Law Courts building is an older structure and upgrading it to meet universal accessibility standards requires careful planning and coordination with the National Treasury and other government institutions.
“The realisation of universal accessibility at stations like Milimani Law Courts is a capital project dependent on budgetary appropriations from the National Assembly,” Mokaya states in the affidavit.
According to the commission, the Judiciary has already sought an allocation of Sh50 million in the 2026/2027 financial year to facilitate the restoration of lifts and the construction of disability-compliant washrooms at the Milimani Law Courts.
The affidavit also outlines broader efforts by the Judiciary aimed at improving access to justice for marginalised groups. Mokaya says the institution is implementing the Social Transformation through Access to Justice (STAJ) blueprint, which prioritises universal accessibility in all newly constructed court buildings while providing for the gradual renovation of older facilities.
Despite budget constraints, the commission notes that some progress has already been made. Accessibility ramps were completed at Murang’a Law Courts in May 2025 and at Butali Law Courts in November 2025 as part of ongoing initiatives to remove barriers to justice.
Mokaya further states that the Judiciary has adopted a comprehensive Disability Mainstreaming Policy which requires court stations to provide reasonable accommodation for persons with disabilities and implement annual work plans to track progress.
The commission argues that it is actively addressing accessibility challenges within the limits of available resources and urges the court to consider the constitutional principle of progressive realisation when determining the case.
JSC has also asked the court to dismiss the application, warning that the orders sought could interfere with the Judiciary’s budgetary planning and administrative functions.
The petition was filed by lobby group Sheria Mtaani, which is seeking orders compelling the commission to ensure that all court buildings are accessible to marginalised groups, particularly persons with disabilities who it says continue to face barriers when seeking justice.
