Lawyer Danstan Omari Files Case to Compel Installation of Ramps at Milani Law Courts.
Senior Lawyer Danstan Omari has moved to the high court seeking to compel the Judicial Service Commission to urgently install ramps, lifts and guiding rails at the Milimani Law Courts in Nairobi citing discrimination against people living with disabilities.
The application was filed under a certificate of urgency by Danstan Omari, on behalf of Shadrack Wambui and Sheria Mtaani. It argues that the current state of the court violated the constitutional rights of people living with disabilities from accessing justice.
The application specifically names the JSC as the Respondent, with the Law Society of Kenya (LSK) and the National Council for Persons with Disabilities (NCPWD) listed as interested parties.
According to documents presented to the court the lack of infrastructure has forced judicial officers, advocates and litigants with mobility challenges to struggle while trying to access courtrooms that are located on higher floors
“The persons living with disabilities have no physical amenities, including but not limited to ramps, nor special washrooms, to enable them to attend physical matters at Milimani Law Courts,” reads part of the Certificate of Urgency signed by Omari.
The situation is described as so serious that some court users with disabilities are forced to use washroom facilities at the NSSF building located nearby as the court premises are not equipped to accommodate their needs.
The petitioners seek to compel the JSC to fast track the installation of these amenities arguing that while virtual court sessions have helped they are not a substitute for physical accessibility especially in criminal matters where parties are required to be present physically while noting that the court users with disabilities may end up being prejudiced
