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…These provisions have a bearing on the sentences imposed upon offenders with disability.…

…There is a need to enhance accessibility and accommodation for persons with disability in prisons. 3.2.3 gives the following guideline: When imposing sentencing orders against offenders with disability, the court should ensure…

…The grounds in support of the application as well as his submissions are that the applicant is a person living with disability currently serving a 10-year term of imprisonment.…

…He avers that due to his disability he is experiencing undue and unjustifiable hardship in custody and he is a burden to other inmates.…

…Permanent disability was assessed at 8%. The court affirmed an award of Kshs. 1,500,000.00 as general damages.…

…From the subsequent medical report, the Respondent’s injuries had fully healed without and disability.…

…The reliance on the victim’s testimony alone, given her disability and the contradictory evidence, renders the identification unsafe.…

…That the prosecution’s case rested solely on the victim’s unreliable testimony, which was further tainted by her intellectual disability.…

…He testified that the subject had been his patient for a month and that he has an intellectual disability from birth, which affects his memory and speech.…

…He produced a report dated 18th December 2024 and told the court that his opinion was that the subject suffers from moderate intellectual disability and recommended the appointment of a guardian. 10.…

…That the degree of disability was assessed at 7% by Dr. Ajoni Adede, an expert witness and that the same was never controverted by the Defendants in the trial court. 9.…

…Ajoni Adede who concluded that there was a 7% permanent partial disability, and that the P3 Form points to a fracture of the right scapula.…

…The two reports reveal that in their opinions, both the doctors were in agreement that the responded had suffered some permanent disability although they differed on the extent of the disability. Dr.…

…There was no permanent disability. 30.…

…Ms Koinange stated that the minor ward had been seen and assessed at Port Reitz Mental Hospital, Mombasa, by Dr Said S Mohamed, a consultant psychiatrist and diagnosed with the disability already spoken of.…

…The ward is registered as a person living with disabilities by the Council for Persons Living with Disabilities. 5. The Originating Summons was heard on 2nd March 2026. Only 1 witness was called.…

…He assessed permanent disability/incapacity at 10%. Dr Udayan R. Sheth who examined the Respondent prepared a report dated 20.05.2021.…

…He assessed permanent disability at 5%.…

…Partial permanent incapacity disability rated at 15 %. 4.…

…The injuries in the said Triad are comparable to the one sustained by the appellant save that there was no resultant permanent disability . 9.  .…

…He stated that the respondent’s disability was assessed at 4%. He produced the report and payment receipt as PEXB 1 and 2 respectively.…

…The Dr. similarly assessed permanent disability at 4%. 28.…

…He noted that the injuries were severe and healing was expected with 5% permanent disability due to chronic pain, multiple weak bone unions that could easily fracture following future lesser traumas, frontal dental injuries…

…At the time of examination, he noted that the Respondent had fully recovered with no deformity or permanent disability.…

…On cross-examination he accepted that he had not examined the appellant recently and that there was a possibility of the disability reducing over time.…

…There was, however, no documentary proof of his pre-accident income, and, as I have noted, the extent of any lasting disability was disputed.…

…The Patient was assessed and found to have mental and physical disability. 7. The Petitioner further testified that he opened a business for her called Kerry Kachimbi Enterprises.…

…She also has physical disabilities. Dr Mua diagnosed her condition as a mental illness. Given the finding of the said doctor and her present situation, it is my view that the Patient suffers from a mental illness. 17.…

…There are variations in the two reports the most conspicuous being the doctors’ opinions on the disability of the respondent.…

…According to the respondent’s doctor, the disability was assessed at 2% percent while the appellants’ doctor was of the opinion that the respondent’s movement of the left big toe was normal and without any pain.…

…He has lived with a physical disability resulting from poliomyelitis since birth. Prior to incarceration, he was ambulatory only with the assistance of a walking stick and maintained a permanently bent posture.…

…Importantly, the Court finds that due to his advanced age, extreme frailty, and severe disability, the Applicant no longer poses a threat to society.…

…She further testified that the complainant was registered with the National Council for Persons with Disabilities and also suffered from bipolar disorder. 7. PW1 stated that the appellant was their former neighbour.…

…PW1 produced the complainant's National Council for Persons with Disabilities card. 8. PW2, Hamisi Mangi Ali, a village elder, testified that both the appellant and the complainant were his neighbours.…

…Ajoni Adede, the injuries sustained by the Claimant/Appellant were fracture of the right radius forearm bone (distal 1/3), blunt object injury to the right wrist and 8% partial permanent disability due to the injuries. 3.…

…magistrate erred in law and in fact to award judgment against the Respondents while considering judicial precedents that sight awards for soft tissue injuries yet the claimant suffered a percentage of partial permanent disability…

…The Subordinate Court accepted PW 2’s award of permanent partial disability of 4%.…

…Udayan which found that the 1st Respondent had fully recovered and had no permanent disability whatsoever.…