Macharia's Vioja Mahakamani Career Guide

We highlighted his story on how a Young Kenyan with a Disability used Litigation to Fight for His Rights and now we had a candid interview with him to get to know him more and for him to share his story.

1. Tell us a bit about yourself, who you are and what you do.

My name is Wilson Macharia. I am a human rights lawyer working with the International Commission of Jurists (Africa Regional Program. I am based in Nairobi, Kenya. I am a person with a visual disability.

2. How did you begin your career especially considering the barriers faced by persons with visual impairments?

My very inquisitive character since childhood made everyone around me believe that I would be a judge when I grew up. Coincidentally, my favourite TV program was ‘Vioja Mahakamani’- a Swahili legal drama. These, I would say, served as career anchors. Come to think of it, I think I preferred following the legal drama, as opposed to cartoons since I could follow the storyline, which was mainly based on voiced court procedures. Cartoons and other shows were mainly based on action.

I selected Law as my preferred course while sitting for my High School finals. Although the process of getting an admission into the University was not as smooth as that of applicants without disabilities, I successfully joined the University of Nairobi Parklands School of Law as a Government sponsored student. 

I have had a good support system since my childhood, especially from my immediate family, including in pursuing my dream career.

 3. What obstacles did you encounter while pursuing your career goals and how did you overcome them?

They are many! Hard to exhaust the list…

It all started when I got an admission to the University, but without a Course associated with the admission. I had to conduct a lot of negotiations, first with the then Joint Admissions Board, then the University, then the Faculty, then the lecturers, then the student leadership, then assignment groups… you name it! There was always something about being visually impaired that made it seem difficult, and sometimes impossible, to facilitate my participation on an equal basis.

There was a lot of ignorance generally on accommodating students with disabilities… sometimes ignorance with malice… other times out of lack of knowledge. The worst was the general assumption that students who are blind can only undertake courses in specific areas such as teaching. It is a very good course, but really it should be based on one’s choice and preference

4. How did you overcome them?  

Other than the negotiations, I am not sure. Along the way, I also made friends, allies who supported my journey. Those formed a support system that saw me through. Many say I am privileged, but really, every person, including persons with disabilities should receive every support or accommodation they need to achieve their dreams.

5. Taking legal action against a multinational company is a major step. What prompted you to take this bold step?

I do not consider seeking remedies for violation of human rights as a bold step. My background in law and disability rights advocacy demands that of me. If more people with disabilities could have the opportunity to do so, including through their representative organizations, then, maybe, the disability rights movement could have more achievements than we currently do. 

I view litigation as a critical tool of advocacy which should be adopted in addition to other advocacy efforts.

6. Your case focused on the provision of reasonable accommodation. Could you elaborate on what reasonable accommodation means in the context of individuals with visual impairments?

Reasonable accommodation applies to people with visual impairment in the same way as people with other disabilities. Reasonable accommodation is individualized, and thus could require different modifications/adjustments for different individuals with visual impairments. For example, I could prefer braille as an alternative method of accessing material, but not all people with visual impairment read braille.

7. Was the case ruled in your favour and were you satisfied with it?

Yes, to the extent that the court determined that my dignity had been violated, and made an order on compensation. Of course no amount can remedy such a humiliating experience.

No, to the extent that the Court found that the respondent’s actions did not amount to discrimination. The Court erred in fact and in law in reaching this determination.

8. What impact do you believe your case against the telecom company had on the rights of individuals with disabilities in Kenya and beyond?

I think it had, and will continue having a huge impact. I see new articles about the case every time I google the case, and from different countries. I think it sent a clear signal that persons with disabilities can claim their rights, and that justice systems are progressively being receptive to providing appropriate remedies. 

The case forms part of the list of other great cases that have been litigated nationally and internationally, and creates a platform for more advocacy on the rights of persons with disabilities, especially on the right to work and employment. 

As an access to justice expert, I also view such cases as opportunities to gauge the extent to which judiciaries and other justice stakeholders are sensitized on the rights of persons with disabilities.

9. For persons with disabilities who might be facing similar barriers, what advice would you offer to empower them to advocate for their rights?

They should seek remedies where their rights are violated, for themselves, and for public interest. It is a draining path emotionally, mentally, and financially, but the results may be satisfactory.

10. Looking ahead, what are your future goals or aspirations in the realm of disability rights and legal advocacy?

To continue advocating for the full realization of all human rights, including for persons with disabilities whether through research, capacity building, litigation, and so forth.

Interview compiled by: Emomeri Maryanne