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Senators demand accountability as Mombasa disability access failures expose government delays

At the centre of the deliberations was frustration from lawmakers who accused state institutions of repeatedly offering promises while failing to deliver practical reforms.

The Senate Labour and Social Welfare Committee has put government agencies under intense scrutiny over what lawmakers described as systemic neglect of persons with disabilities in Mombasa, amid mounting concerns over delayed implementation of accessibility laws and stalled public infrastructure projects.

During a tense committee session held in Machakos County on Friday, senators questioned senior officials from the Judiciary, the Ministry of Labour and Social Protection and the National Environment Management Authority (NEMA) over the continued inaccessibility of public buildings despite the enactment of the Persons with Disabilities Act 2025.

The hearing followed a petition filed by disability rights advocate Zedekiah Adika, who challenged the accessibility status of major public facilities in Mombasa, including Bima Towers, Uhuru na Kazi, Mombasa Law Courts and county government offices.

At the centre of the deliberations was frustration from lawmakers who accused state institutions of repeatedly offering promises while failing to deliver practical reforms.

Committee chairperson Julius Murgor said the Senate would no longer tolerate delays that continue to lock persons with disabilities out of public services.

“We cannot continue listening to commitments every year while citizens are still unable to enter courts, offices and government buildings,” Murgor said.

The committee particularly criticised the Judiciary over the stalled Mombasa Law Courts complex, which was completed in 2021 but remains unused due to structural defects.

Senators questioned how a major public project could be certified despite flaws that rendered it inaccessible and unsuitable for occupation.

Mombasa Senator Miraj Abdullahi demanded answers on who approved the building and whether action had been taken against those responsible.

“Who signed off on this building? Who did quality assurance? Kenyans deserve accountability for public funds spent on a project that cannot serve the people,” Abdullahi said.

Judiciary officials admitted they did not have complete details on the project’s certification and requested seven days to submit a full report to the committee.

The officials, however, defended the Judiciary’s broader inclusion agenda, citing ongoing reforms supported by a $1 million Ford Foundation grant over five years.

According to the Judiciary, the funding will support nationwide accessibility audits, conversion of court materials into Braille and audio formats, and inclusivity forums for persons with disabilities.

Officials also disclosed that the Judiciary was developing a 10-year infrastructure master plan intended to standardise accessibility features in courts across the country, including ramps, lifts with voice command systems and Braille functionality, and disability-compliant washrooms.

The committee was informed that construction of a ramp at the Mombasa Law Courts complex would begin in July through the Ministry of Public Works, with completion targeted for December.

But senators maintained that accessibility should not depend on future plans years after legal obligations had already been established.
Committee vice-chairperson Crystal Asige sharply criticised ministries for failing to operationalise regulations under the Persons with Disabilities Act more than a year after its enactment.

“A whole 365 days later, there isn’t even one regulation, and we are still discussing plans and intentions,” Asige said. She warned that delays in budgetary allocations could further postpone disability inclusion programmes until 2028.

Principal Secretary for Social Protection Joseph Motari acknowledged that accessibility gaps remained widespread across public institutions.

He told senators that the National Council for Persons with Disabilities had conducted audits in Mombasa and identified “critical gaps in inclusive infrastructure” in several public buildings.

Motari said draft regulations under the new law were awaiting approval by the Council’s board before proceeding to public participation later this month.

He added that the ministry had developed an accessibility and usability audit tool covering seven domains and was working with county governments to establish disability inclusion reporting systems.

The committee also criticised the Ministry of Environment and NEMA after senior decision-makers failed to attend the hearing. Nominated Senator Beth Syengo faulted the absence of Cabinet-level leadership during discussions involving constitutional rights and access to public services.

“This is not a minor issue. It concerns the dignity and rights of citizens who continue to face exclusion every day,” Syengo said.
Murgor declined to receive submissions from technical officers representing the ministry, insisting that only senior officials with authority to commit government agencies to timelines and funding should appear before the committee.

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