The Commission continues to use legal representation and advocacy to promote access to justice for persons with disabilities. Desrire Njamwea,Head of Legal Advocate NGEC with members of the accused’s family In Republic v. Kennedy Gachioki, NGEC Head of Legal Advocate Desire Njamwea represented the accused as the court received a Social Inquiry Report and Psychiatrist Report concerning his condition.
According to the source material, the reports confirmed an intellectual disability dating from birth, with the psychiatrist concluding that the condition is permanent and requires structured care and supervision rather than criminal prosecution.
NGEC subsequently applied for withdrawal of the charges, citing concerns over the accused’s constitutional right to a fair trial and delays in determining fitness to stand trial.
The Office of the Director of Public Prosecutions requested time to seek directions on the application. The matter is scheduled for mention on 16 September 2026. The case illustrates the importance of ensuring that justice processes are responsive to the circumstances and rights of persons with disabilities.
