PWDs demand the implementation of new laws to address systemic barriers

Chief justice Martha Koome speaking during Africa regional workshop on access to justice for persons with disabilities. [Wilberforce Okwiri,Standard] People With Disabilities (PWDs) now want a newly signed Act that guarantees them easy access to justice implemented. If enacted, the Disability Act 2025 will compel courts to provide sign language interpreters, and braille materials, and ensure physical access to the courtrooms. Additionally, the law advocates for stronger protections against discrimination and mandates affirmative action measures across sectors, according to the proponents. The law also enforces penalties for discrimination and abuse of PWDs, while establishing a revitalised National Council for PWDs to oversee enforcement. To ensure access to education among PWDs, it guarantees inclusive learning environments, while it mandates free medical rehabilitation services and improves general access to healthcare among them. United Disabled Persons of Kenya (UDPK) chairperson Eric Ngondi observed that they have been grappling with systemic barriers of communication, infrastructure and institutions that are not accessible to the PWDs. He called on stakeholders to assist them in acquiring legal services pro bono. "There are known persons with disabilities, with intellectual disabilities, who are languishing in our prisons because the legal service has not been accessible to them," he said. He spoke on Wednesday during the Africa Regional Conference on Access to Justice for PWDs in Nairobi. "The pro bono service cannot only be relegated to government only, but also to all of us, including the civil society, including government institutions, including other stakeholders within this system, but more or less coordinated by our National Legal Aid Service," added Ngondi. The Persons with Disabilities Bill 2025 was assented to by President William Ruto last week, advancing the rights of people with disabilities in Kenya. Senator Crystal Asige and National Assembly Majority Leader Kimani Ichungwah co-sponsored the Bill. It seeks to advance the rights of PWDs. "The Bill affirms the rights of persons with disabilities to education, healthcare, and political participation," said Ruto during the signing ceremony on Wednesday, May 8. Wilson Macharia, legal advisor to the International Commission of Jurists (ICJ) echoed Ngondi's sentiments, saying the legal barriers have been an unbearable challenge to them. "The regulations will help ensure physical accessibility of the courts, ensure that the procedures prescribed, also put in place the aspirations, the requirements and accommodation of people with different types of disabilities," he said. In response, Chief Justice Martha Koome pledged to facilitate the formulation of regulations that will help implement the recently signed Disabilities Act that will improve access to justice for PWDs Speaking during the event, CJ Koome said the implementation of the Act will also help increase the absorption of the PWDs into the judicial system workforce. According to Koome, the Judicial Service Commission targets to realise five per cent of employment of PWDs that now stand at 1.5 per cent. "The Judiciary is also committed to mainstreaming the concerns of persons with disabilities in all its operations, ensuring cost-effective, and efficient access to justice," she said. At the same time, Koome noted that the new regulations will play a critical role in incorporating sign language interpretation and assistive technologies in courtrooms and online platforms. She said the Judiciary also prioritises mapping and establishing accessible infrastructure in Courts across the country to facilitate physical access by PWDs. The Judiciary, she said, is also looking forward to creating frameworks for training judicial officers on disability rights to ensure rights-protecting and dignity-enhancing decision-making. ICJ's Director of Programmes, Kaajal Ramjathan-Keogh, noted that the laws will be instrumental in ensuring "compliance with the international convention on the rights of PWDs and open avenues for more legal reforms." CJ Koome emphasised that the "compliance with the Convention on the Rights of Persons with Disabilities and the Africa Disability Protocol is not optional - it is critical. Through compliance and implementation, we move from paper rights to lived justice for persons with disabilities."

PWDs demand the implementation of new laws to address systemic barriers

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