Majority of our buildings are not friendly for the physically challenged. I have gone to several public and private buildings where some physically challenged people need services but cannot access higher floors. Can we have laws that force developers of buildings to consider the rights of the physically challenged during construction?
Miriam, Nairobi
There are laws that provide for the rights of and to enable persons with physical disabilities to access buildings.
The major problem has been a lack of implementation and possibly either an oversight or ignorance of public building inspectors to ensure developers comply.
For instance, Section 23 of the Persons with Disabilities Act (2002), which was passed in December 2009, provides that accessibility to buildings by persons with disabilities should be made possible by all stakeholders of the construction industry.
The same law gave owners of buildings a grace period of up to five years to retrofit their buildings to ensure they are compliant. However, not many developers complied with the legal requirement by 2014 – and even today!
In countries like the US, there are strict laws to ensure that buildings are compliant for persons with disabilities. For decades, the Fair Housing Act required landlords in the US to allow tenants with disabilities to make reasonable access-related modifications to both their private and common use spaces.
Requirements include architectural standards for new and altered buildings, effective communication for people with hearing, vision, or speech disabilities and other access requirements.
Back home, there is a light at the end of the tunnel following a fresh proposed building regulation championing special amenities for the physically disabled.
The proposed regulation wants every building with more than two floors to cater for accessibility for disabled persons.
The draft code recently published in the Kenya Gazette Notice for public input, states that residential buildings with over two floors must have lifts, ramps, special toilets and vehicle parking slots reserved for people with disability (PWDs).
“All buildings shall be planned for use by PWDs and this includes an access with no stairs, steps, kerbs, steep ramp, door or a doorway that would impede a passage of a wheelchair or access by a person living with disability,” states the regulations.
It also provides that at least one parking or one per cent of parking space whichever is greater shall be reserved as a parking space for the differently-abled.
A lift shall be provided for every floor to facilitate access by people living with disability,” it says.
Other provisions include handrails, water closets, door corridors and ramps all to improve access for the PWDs.
Should it become law, no building shall be issued with a certificate of completion or allowed to take occupation if it fails to comply with the regulations.
- The writer is an advocate of the High Court of Kenya.
