JSC cites budget constraints in Milimani Law Courts accessibility case

In a replying affidavit sworn by JSC Secretary Winfridah B. Mokaya, the commission said it recognises the constitutional rights of persons with disabilities but maintained that implementing universal accessibility in older court buildings requires significant capital investment and cannot be achieved instantly.

Mokaya said accessibility upgrades — including repairing lifts, constructing ramps and installing disability-compliant facilities — are major infrastructure projects that depend on funding allocations approved by Parliament.

She added that Milimani Law Courts is a historic building whose upgrade to universal accessibility standards requires 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 stated.

The JSC said the Judiciary has requested Sh50 million in the 2026/2027 financial year to restore lifts and construct washrooms compliant with disability standards at Milimani Law Courts.

Mokaya also highlighted ongoing initiatives aimed at improving access to justice for marginalised groups, saying the Judiciary is implementing the Social Transformation through Access to Justice (STAJ) blueprint, which prioritises universal accessibility in all new court buildings and outlines plans to renovate older facilities progressively.

The affidavit said that despite budget cuts, the Judiciary has completed accessibility ramps at Murang’a Law Courts in May 2025 and Butali Law Courts in November 2025, as part of efforts to remove barriers to justice.

Mokaya added that the Judiciary has adopted a Disability Mainstreaming Policy, which provides for reasonable accommodation for persons with disabilities and requires annual work plans to track progress across court stations.

The JSC argued that it is actively addressing accessibility challenges within available resources and urged the court to consider the constitutional principle of progressive realisation.

It said the orders sought would interfere with the Judiciary’s budget planning and administrative functions.

The petition was filed by lobby group Sheria Mtaani, which is seeking orders compelling the commission to ensure court buildings are accessible to marginalised groups, particularly persons with disabilities.