Public buildings in Mombasa are excluding Persons With Disabilities (PWDs), Senators have said, as the Ministry of Lands admitted enforcement gaps, weak county capacity and funding constraints continue to undermine accessibility laws.

The Senate Committee on Labour and Social Welfare, chaired by Sen Julius Murgor (West Pokot), heard that at least seven buildings — including Bima Towers, the Mombasa County Assembly, the Office of the Deputy County Commissioner and Mombasa Law Courts — remain non-compliant, effectively barring access to essential services.

“Persons with disabilities are not accessing any of these buildings, an infringement of their constitutional rights,” said Zedekiah Adika, the lead petitioner.

𝐒𝐭𝐚𝐧𝐝𝐚𝐫𝐝𝐬 𝐞𝐱𝐢𝐬𝐭, 𝐛𝐮𝐭 𝐞𝐧𝐟𝐨𝐫𝐜𝐞𝐦𝐞𝐧𝐭 𝐝𝐢𝐬𝐩𝐮𝐭𝐞𝐝

Appearing before the committee, Cabinet Secretary for Lands, Public Works, Housing and Urban Development Alice Wahome acknowledged the scale of the problem but said enforcement lies with county governments, despite the existence of national standards such as the National Building Code (2024).

“The ministry does not enforce mechanisms for compliance. We prepare standards, but enforcement is not our mandate,” Wahome said.

She said technical teams — including engineers, architects and quantity surveyors — have now been deployed across all 47 counties and will inspect the Mombasa buildings, with a report due by 30 April outlining compliance gaps, remedial works and costs.

Sen Joe Nyutu (Murang’a) questioned the arrangement, citing capacity gaps.

“There is a serious shortage of technical staff in counties,” he said, suggesting ministries take a more direct role.

Officials acknowledged shortages of qualified engineers and planners in counties and said the ministry is “grossly underfunded”, limiting oversight and sufficient technical support. Wahome, however, maintained that building owners bear responsibility.

“Compliance is an owner’s issue,” she said.

𝐎𝐰𝐧𝐞𝐫𝐬𝐡𝐢𝐩 𝐝𝐢𝐬𝐩𝐮𝐭𝐞𝐬 𝐬𝐥𝐨𝐰 𝐚𝐜𝐭𝐢𝐨𝐧

Sen Crystal Asige, the committee’s vice-chairperson, pressed for clarity on ownership of the buildings.

Wahome said responsibility is spread across several institutions, including the Ministry of Lands (Bima House), the Mombasa County Government (Betting Control Building), the Judiciary (Mombasa Law Courts), the Ministry of Interior (Office of the Deputy County Commissioner and Uhuru na Kazi Building), and the Ministry of Environment and Climate Change (NEMA Building).

Senators said the fragmented ownership has contributed to delays and blurred accountability, while petitioners insisted that the judiciary and the ministries of Interior and Environment be invited to the next meeting.

Sen Beth Syengo sought updates on a KSh47.3m tender for lifts at Bima House first raised in December. The ministry said it would verify procurement status and report back.

𝐏𝐮𝐬𝐡 𝐟𝐨𝐫 𝐬𝐭𝐫𝐨𝐧𝐠𝐞𝐫 𝐞𝐧𝐟𝐨𝐫𝐜𝐞𝐦𝐞𝐧𝐭

Ministry officials told the meeting that amendments to strengthen enforcement powers are under review, alongside efforts to align national and county laws.

Some Senators urged legal changes to compel compliance within set timelines.

“There must be a way to compel compliance,” said Sen (Rtd) Justice Stewart Madzayo (Kilifi).

𝐅𝐫𝐨𝐦 𝐫𝐞𝐩𝐨𝐫𝐭𝐬 𝐭𝐨 𝐚𝐜𝐭𝐢𝐨𝐧

The Cabinet Secretary said a technical report on the Mombasa buildings is expected by 30 April, with senators insisting it must translate into concrete action and funding allocations.

But the Committee warned that without enforcement, legislation alone will not deliver change.

For persons with disabilities, access to public buildings remains out of reach — and until responsibility is clearly defined and enforced, their constitutional rights risk remaining largely theoretical.