The Judicial Service Commission (JSC) has asked the High Court to dismiss a petition seeking to compel the Judiciary to improve accessibility at Milimani Law Courts, arguing that disability-friendly infrastructure can only be realised progressively due to financial and structural constraints.
In a replying affidavit sworn by JSC Secretary Winfridah B. Mokaya, the commission acknowledged the constitutional rights of persons with disabilities but maintained that upgrading older court buildings to universal accessibility standards requires significant capital investment and cannot be achieved instantly.
Accessibility Upgrades Dependent on Funding
Mokaya explained that accessibility improvements such as repairing lifts, constructing ramps, and installing disability-compliant facilities are major infrastructure projects dependent on funding allocations approved by Parliament.
She noted that Milimani Law Courts is a historic building whose upgrade 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 revealed that the Judiciary has requested Sh50 million in the 2026/2027 financial year to restore lifts and construct disability-compliant washrooms at Milimani.
Ongoing Initiatives
Mokaya highlighted ongoing initiatives under the Social Transformation through Access to Justice (STAJ) blueprint, which prioritises universal accessibility in new court buildings and outlines plans to progressively renovate older facilities.
Despite budget cuts, the Judiciary has completed accessibility ramps at Murang’a Law Courts (May 2025) and Butali Law Courts (November 2025). Additionally, the Judiciary has adopted a Disability Mainstreaming Policy, requiring annual work plans to track progress and ensure reasonable accommodation for persons with disabilities.
Progressive Realisation Principle
The JSC argued that accessibility challenges are being addressed within available resources and urged the court to consider the constitutional principle of progressive realisation. It warned that granting the orders sought would interfere with the Judiciary’s budget planning and administrative functions.
Petition by Sheria Mtaani
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.
The matter is now before the court for determination.
