The extent to which physical facilities in criminal justice system are friendly to persons with disability in Kakamega County, Kenya

Abstract

This study examined the suitability of the Criminal Justice System (CJS) for persons with disabilities (PWDs) in Kakamega County, Kenya, with particular focus on the accessibility of physical infrastructure. Although the Constitution of Kenya, 2010, and the Persons with Disabilities Act, 2025, provide for equality, accessibility, non-discrimination and access to justice, persons with disabilities continue to experience physical, communication and institutional barriers within criminal justice institutions. This study was guided by the Human Rights Model of Disability and adopted a descriptive research design. The study was conducted in selected police stations, courts and correctional institutions in Kakamega County. Quantitative data were collected through questionnaires administered to 35 persons with disabilities who had direct experience with the criminal justice system (CJS).  Qualitative data were obtained through interviews with criminal justice officials and key stakeholders, including police officers, magistrates, probation officers, correctional officers, Officers Commanding Station (OCSs), Organizations of Persons with Disabilities leaders (OPD) and National Council for Persons with Disabilities (NCPWD) officials. Data was collected using questionnaires, interview guides, focus group discussions and a physical infrastructure observation checklist. Quantitative data was analyzed using frequencies, percentages and non-parametric statistical tests, while qualitative data was analyzed thematically using NVivo. The findings showed variations in satisfaction with the physical facilities across the criminal justice settings. Police stations recorded the highest level of dissatisfaction (62.9%), followed by correctional institutions (51.4%), while courts recorded the lowest level of dissatisfaction (40.0%). Pairwise comparisons using the Wilcoxon signed-rank test showed statistically significant differences between courts and police stations (p = 0.009) and between correctional institutions and police stations (p = 0.011). However, the difference between courts and correctional institutions was not statistically significant (p = 0.335). The findings indicate that the physical facilities in the criminal justice system vary in their suitability for persons with disabilities, with police stations recording the highest dissatisfaction. This study concludes that inaccessible infrastructure, inadequate assistive devices, unsuitable sanitation facilities and communication barriers constrain effective participation of PWDs in criminal justice processes. This study recommends that police stations, courts and correctional institutions should make improvements in physical accessibility, including accessible entrances, ramps, pathways, service points and sanitation facilities.