Senate demands swift compliance with disability access in public offices

Senate demands swift compliance with disability access in public offices

Senators warned that non-compliance would no longer be tolerated and called for urgent corrective measures across all government institutions.

The Senate Committee on Labour and Social Welfare intensified its scrutiny of public office accessibility on Thursday, expressing frustration at continued delays in implementing the Persons with Disabilities Act, 2025.

Senators warned that non-compliance would no longer be tolerated and called for urgent corrective measures across all government institutions.

Present at the hearing were Principal Secretary Joseph Motari for Social Protection and Senior Citizens Affairs, alongside Eva Njoroge, Acting Executive Director of the National Council for Persons with Disabilities (NCPWD).

Cabinet Secretary for Lands, Public Works, Housing and Urban Development Alice Wahome, whose ministry is responsible for ensuring buildings meet accessibility standards, was absent, drawing strong criticism from senators.

“It is unforgivable for anyone to downplay the importance of PWDs,” stated Sen. (Rtd) Justice Stewart Madzayo (Kilifi), adding that the Committee would reinvite the CS and consider fines if she continued to ignore summonses.

Zedekiah Adika, the lead petitioner who travelled from Mombasa with others, emphasised that the CS’s attendance was essential given her ministry’s role in enforcing compliance.

He also called for reimbursement of travel costs from the ministry for petitioners forced to attend multiple hearings due to the CS’s absence.

PS Motari informed the committee that, following consultations with the Head of Public Service, a circular dated 26 June 2025 had been issued directing all Ministries, Departments, and Agencies (MDAs) to comply with accessibility requirements under Sections 30(3), 30(9), and 31 of the PWD Act.

MDAs were instructed to submit compliance reports within 90 days. By the 30 September 2025 deadline, only 185 of 664 MDAs had done so, leaving 479 in violation.

Counsel for the petitioners, Conrad Atiang’, pressed for accountability, asking, “What happens to the 479 institutions that ignored a lawful directive? What mechanisms exist beyond advisory notices?”

Motari added that the guidelines and regulations to operationalise the updated PWD Act were still under development. Senators, however, pressed for immediate action.

Senator Joe Nyutu (Murang’a) stressed the need for clear timelines, noting that inaccessibility of public offices is unconstitutional and denies PWDs their basic rights.

“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 highlighted years of inaction, arguing that Senate 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 said.

He further questioned why funds for Affordable Housing Projects could be redirected to other developments while the Sh200 million needed for accessibility upgrades in Mombasa remained unused.

Senator Beth Syengo reminded officials that accessibility goes beyond ramps and lifts, urging comprehensive consideration of all disabilities.

Although the petition began in Mombasa, the committee stressed that the challenge is nationwide.

The next step will involve summoning the Cabinet Secretaries for Labour and Lands to ensure compliance and enforcement across all public buildings.

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