Disability is not Inability

:: Disability denies justice:
18th February 2007

One of the greatest impediments to justice among Persons with Disabilities is the traditional architecture used in constructing courts of law. Buildings housing courts have traditionally been built on some sort of a pedestal. This architectural thought implies integrity of justice in society quite well congruent with the shield it is expected to be in our society.

Roman by origin the thought has however implied a fundamental barrier to persons with physical disability. The long steep staircase is such a serious challenge to us using a wheelchair as a mobility aid.

And nobody understands this like Agatha Wanjiru a mother from Nyeri featured on Nation TV on the final day of Kenya’s Judiciary Open Day. 19 years ago she was involved in an accident that left her on a wheel chair. “I was left in a wheelchair; I was unable to use public transport to go to the High Court in Nairobi to attend the proceedings.” The courts should consider what delays can do to people in situations like this. I was unable. Even if I hired a private vehicle, how would I make it up the many stairs into the court rooms? She poses.

The Nairobi courts lifts are not working, that is where they exits. And that is assuming you have managed to be carried up the entrance steep staircase. The most interesting observation is that this is a feature of quite a number of buildings of Justice. Many Buildings in Kenya were built in the colonial era. British thinking was very much impressed in the architectural attitude of these masterly works. Many implied thinking that did not include special needs of physical disability.

current efforts to demystify the judiciary in relation to persons with disability is required to enable equal access to justice by this communty.

The Judiciary Open Day it is hoped passed some important messages for the next course of action. A course that must include not only accessible adjustments to court buildings countrywide, but also through buidling more disability-friendly attitudes among the judges and magistrates to give rullings that do not impliy PWDs are lesser beings.

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Category: Community policy

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