Kenya Society for the Mentally Handicapped

The judicial system poses a lot of problems for the mentally disabled. They are still referred to as ‘imbecile’ and ‘idiot’ in the legal system. Even this reference in archaic terms does not bring justice to them. The courts are unfriendly and intimidating.

The evidence given by cases of mild to moderate mental disabilities are not admissible by court. Thus there are very few successful prosecutions in cases where the complainant is a person with mental disability. Kenya Society for the Mentally Handicapped continues to work relentlessly in this area to bring justice to the mentally disabled. It provides legal assistance and arranges for expert opinion in such cases. It has fought for early hearings of cases involving the mentally disabled because delay often leads to miscarriage of justice since the mentally disabled person forgets what has happened to him/her. KSMH has also sensitized judges and magistrates to make the court environment less intimidating for persons with mental disabilities.

The case of Njoroge (first on left), a highly sexually abused mentally disabled person is still in court. He was brutally sodomised by some people in the neighborhood and lodged a complaint. He was rescued and his case taken to court helped by the lawyer (centre). The young woman (photo on right hand side) was sexually assaulted by no less than 16 men at different times. Her mother got suspicious when she complained about pain in her private parts and took her to the doctor. She was heavily infected with STIs. The mother slowly got all the story out of her and lodged a complain with the police. The case is now in court.