Nairobi: There is a need to train actors in the country’s judicial system on how to handle people with disabilities (PWDs) to enable them to access justice, while also ensuring that they are held accountable whenever they are in conflict with the law.
According to Kenya News Agency, the Elgeyo Marakwet County Coordinator of the National Council for People with Disabilities (NCPWD), Lydia Matende, said most police officers are afraid of arresting PWD offenders, fearing they might be cursed, thus letting them go scot-free-sometimes with disastrous consequences.
Ms. Matende narrated to a Court Users Committee (CUC) meeting, chaired by Iten Senior Principal Magistrate Gladys Adhiambo, a case in which a disabled person kept threatening his family and was repeatedly released by the police until he eventually killed his mother. ‘This is a death that could have been avoided if action was taken and the offender allowed to face the law,’ she said.
The coordinator expressed concern that many law enforcement and judicial officers lacked training on how to interact with and accommodate PWDs, adding that they often viewed them as unreliable witnesses or incapable of participating in legal matters.
She called on state agencies to ensure their institutions have facilities that can accommodate such offenders, saying most police stations lack infrastructure such as restrooms and transport services that are disability-inclusive.
Ms. Matende listed other challenges, including the lack of sign language interpreters, braille materials, and other assistive communication devices in police stations and courts. She added that even court docks were not accessible to people in wheelchairs or those of short stature. ‘Courts should ensure that the docks are easily accessible to people in wheelchairs, as it is so demeaning to have one carried to access the dock. Those with short stature cannot be seen by the court during proceedings,’ she said.
She noted that while most public servants have undergone a three-month sign language course, this is not enough to qualify them to interpret complex judicial processes. As a result, many PWDs are not properly informed of their legal rights due to the complexity of legal language. ‘We are therefore calling on the courts and other judicial actors to ensure they hire qualified sign language interpreters, as those trained for only three months have basic skills that may not enable them to adequately interpret court proceedings,’ she said.
Ms. Matende also called for the provision of pro bono legal services to PWDs, saying most of them cannot afford to hire lawyers to represent them.