The Senate Committee on Labour and Social Welfare intensified its probe into the lack of accessibility in public offices on Thursday, issuing stern warnings to a Cabinet Secretary and calling for immediate enforcement of the Persons with Disabilities Act, 2025.
The inquiry saw Principal Secretary Joseph Motari for Social Protection and Senior Citizens Affairs, together with Eva Njoroge, Acting Executive Director of the National Council for Persons with Disabilities (NCPWD), present before the committee.
However, Cabinet Secretary for Lands, Public Works, Housing and Urban Development Alice Wahome, the official tasked with overseeing structural accessibility in government buildings, was notably absent. Her failure to appear sparked strong condemnation from senators.
“It is unforgivable for anyone to downplay the importance of PWDs,” said Sen. (Rtd) Justice Stewart Madzayo (Kilifi), warning that the Committee would summon the CS again and consider fines if she failed to attend.
Lead petitioner Zedekiah Adika, who traveled from Mombasa with fellow petitioners, stressed the CS’s attendance was essential, noting that the ministry is the main implementing authority for structural upgrades.
He also demanded that petitioners be reimbursed fully from the ministry’s budget if they had to return due to repeated absences.
PS Motari informed the senators that, following consultations with the Head of Public Service, a circular issued on 26 June 2025 instructed all Ministries, Departments, and Agencies (MDAs) to comply with accessibility standards under Sections 30(3), 30(9), and 31 of the PWD Act.
The circular required MDAs to submit initial compliance reports within 90 days. By the 30 September 2025 deadline, only 185 out of 664 MDAs had done so, leaving 479 institutions in breach of the law.
Counsel for the petitioners, Conrad Atiang’, pressed the committee on accountability measures. “What happens to the 479 institutions that ignored a lawful directive? What mechanisms exist beyond advisory notices?” he asked.
Motari further revealed that regulations and guidelines to operationalise the updated PWD Act were still in development. Senators, however, expressed mounting frustration over delays.
Senator Joe Nyutu (Murang’a) called for immediate timelines for the publication of the regulations, underscoring that the ongoing inaccessibility of public offices is unconstitutional and demeaning to PWDs.
“Regulations are still under development, despite the need for immediate enforcement because people living with disabilities need to access these buildings now,” he said.
Petitioners criticized years of inaction, noting that the Senate’s intervention was long overdue. “We raised this five years ago. Senators who went to Mombasa saw the reality—buildings are inaccessible, some in deplorable condition.
PWDs simply cannot access them,” Adika lamented. He also questioned how funds meant for Affordable Housing Projects could be diverted to markets, while the Sh200 million needed for Mombasa’s public office accessibility remained unspent.
Senator Beth Syengo urged officials to consider all types of disabilities, noting that accessibility goes far beyond ramps and lifts. While the petition began in Mombasa, senators emphasized that the problem is national.
The committee promised to pursue compliance across the country, starting with the reinvitation of the Cabinet Secretaries for Labour and Lands.
