Public buildings in Mombasa continue to deny persons with disabilities (PWDs) access, with Senators warning that weak enforcement, limited county capacity, and lack of funds are preventing accessibility laws from being implemented effectively.
At least seven prominent facilities, including Bima Towers and the Mombasa Law Courts, were flagged for failing to provide adequate access, locking out PWDs from essential services.
“Persons with disabilities are not accessing any of these buildings, an infringement of their constitutional rights,” Zedekiah Adika, the lead petitioner, told the Senate Standing Committee on Labour and Social Welfare, chaired by Senator Julius Murgor on Thursday.
The committee heard that other buildings failing accessibility standards include the Mombasa County Assembly, the Office of the Deputy County Commissioner, and several government offices, highlighting systemic neglect of national requirements.
Cabinet Secretary for Lands, Public Works, Housing and Urban Development Alice Wahome acknowledged the gaps but noted that enforcing compliance is the responsibility of county governments.
“The ministry does not enforce mechanisms for compliance. We prepare standards, but enforcement is not our mandate,” Wahome said.
She highlighted the National Building Code (2024) and confirmed that technical teams of engineers, architects, and quantity surveyors have been dispatched to counties. A detailed report on Mombasa’s buildings, identifying compliance gaps, remedial measures, and estimated costs, is expected by April 30.
Murang’a Senator Joe Nyutu expressed doubts over this approach, citing inadequate technical staffing at the county level.
“There is a serious shortage of technical staff in counties,” he said, urging a stronger ministry role in oversight.
Officials acknowledged the shortage of qualified planners and engineers at the county level and noted that the ministry itself is “grossly underfunded,” limiting its support capacity.
Wahome emphasized that the responsibility for compliance ultimately lies with building owners.
“Compliance is an owner’s issue,” she said.
Nominated Senator Crystal Asige, vice-chair of the committee, sought clarification on the ownership of each facility. Wahome explained that ownership is spread across multiple institutions: Bima House under the Ministry of Lands, the Betting Control Building under Mombasa County Government, Mombasa Law Courts under the Judiciary, the Deputy County Commissioner offices and Uhuru na Kazi Building under the Ministry of Interior, and the NEMA Building under the Ministry of Environment and Climate Change.
Senators noted that this divided ownership has created delays and blurred accountability. Petitioners recommended that the Judiciary and the Ministries of Interior and Environment attend the next committee meeting.
The committee also discussed a Sh47.3 million lift installation tender for Bima House, originally raised in December. Senator Beth Syengo requested an update, and officials said they would confirm procurement progress and report back.
Officials further revealed that amendments to strengthen enforcement powers are under review, alongside efforts to align county and national laws.
“There must be a way to compel compliance,” Kilifi Senator Stewart Madzayo said, pushing for legal measures to ensure public buildings meet accessibility standards within specified timelines.
Wahome reaffirmed that the technical report on Mombasa buildings will be completed by April 30. Senators stressed that the findings must lead to tangible action and budget allocation, warning that laws alone cannot guarantee accessibility.
“For persons with disabilities, access to public buildings remains out of reach, and until responsibilities are clearly defined and acted upon, their constitutional rights risk remaining largely theoretical,” the Committee said.