Inclusive Public Space Project

1. How This Guide Has Come About and Who it is For

This guide is based on the information given to us by people who took part in our research project in Kenya. We interviewed 53 pedestrians – 34 in Nairobi and 19 in Mombasa. Of these, over 90% identified as having a disability. Just over 8% were over the age of 65 or parents of young children, some of whom did not also identify as having a disability. We also interviewed 21 legal, policy and activist stakeholders, working across Kenya.

Although we focused on Nairobi and Mombasa, thousands of people in other towns and cities are affected by the same types of problems. This means the points below are relevant to people living in other towns and cities too.

We have highlighted some of the problems described by our participants in films, links to which are included at relevant points in this guide. These films have all been made with the help of our pedestrian participants or in response to problems they mentioned. We are very grateful to all our participants for their time, experience and insight.

This guide is for members of the public who want to try to avoid creating obstacles or dangers for pedestrians with disabilities. It highlights things we can all do to remove or reduce problems – problems that made getting around very difficult and often dangerous for the people we spoke to. Taking these actions will make our cities safer and more accessible for all pedestrians.

This guide is based on what is known as the ‘social model of disability’. According to this, the problem of disability-related exclusion and disadvantage is not caused by a person’s inability to see, think, move, hear etc as well as others. Instead, the problem is understood to lie in things external to the individual – like inaccessible buildings or roads, discriminatory laws and lack of awareness. So, a social model approach looks for changes in these external social factors – changes that will remove barriers and reduce exclusion.

Many of the suggestions below reflect legal obligations – things the law also requires people to do. We will mention some of these laws in the guide, after relevant suggestions. But please note that this guide is not a comprehensive account of the relevant law. Nor is it limited to suggestions based on legal obligations. It includes some suggestions which go beyond the law.

2. The Guide: What Members of the Public Can Do to Help Make Pedestrian Spaces More Inclusive

2.1 When We’re a Pedestrian

Ensure we comply with The Highway Code
Be alert to the possibility that other pedestrians may be persons with disabilities and that their impairments may not be apparent to you. Note that a white cane indicates that the person holding it is blind or partially-sighted and that a red and white cane indicates that the person has both hearing and visual problems. Note that somebody using hand gestures might be communicating in Sign Language and unable to hear you – do not treat them as though they are stupid or drunk.
Anticipate where there are narrow gaps and give people with disabilities (such as people using long white canes or crutches) time and space to move through.
Keep any phone calls whilst on the move short and stop in an out-of-the-way place for longer calls – to avoid walking whilst being distracted from what is going on around us.
If a person, who you think might have a disability, has been trying to cross a road for some time, ask if they’d like any assistance. If they say no, trust their judgement and let them be. If they say yes, ask them how they would like to be helped – eg being told when it’s OK to cross, offering an arm etc. Do not assume that a blind person would like to be guided by you pulling on their cane. They need the cane to feel obstacles around them and you lifting it up takes this possibility away from them.
Not dropping litter – it might become slippery or a trip hazard.

Our Relevant Legal Obligations

The Highway Code

The NTSA has a Highway Code, which provides guidelines for road users, including pedestrians, cyclists and motorcyclists. The Highway Code is not a legal document in itself, but it is based on the Kenya Traffic Act that governs the use of roads in Kenya. These guidelines provide information on how these road users can be safe while on the roads. The Highway Code provides guidance for pedestrians on how to make sure they stay safe while using roads, at crossings, etc (Guidelines 1-21).

2.2 When We’re Driving Cars or Vans or Riding Motorbikes

Ensure we comply with The Traffic Act and The Highway Code.
Stop to let pedestrians (particularly if they have a visible disability) cross roads.
Avoid parking on walkways.
Avoid parking so as to block dropped kerbs or pedestrian crossings.
Make sure that, when parking, there is nothing sticking out from our vehicles across the walkway. Such obstructions are dangerous – particularly for people with visual disabilities who will not see them, and for people with mobility disabilities who will struggle to get around them.
When parking, check for passing pedestrians before opening doors onto the walkway. Giving such pedestrians plenty of space – people with visual, balance, mobility or cognitive disabilities (which will not always be obvious) may need more time than average to take avoiding action.
Do not park in spaces designated for persons with disabilities.

Our Relevant Legal Obligations

The Highway Code provides guidelines for motorcyclists (40-43) and a lengthy list of general guidelines, which apply to all motorists (47 and following).
Criminal Law

Where a road user causes harm through dangerous driving, they may face criminal charges under the Traffic Act. Part V of the Act creates specific offences with regard to driving, and they include driving on walkways and pedestrian walkways, causing death by driving or obstruction, reckless driving, driving without due care and attention, speeding, and failure to obey signs and signals. Section 45A of the Traffic Act makes it an offence to drive on pedestrian walkways, in order to avoid traffic. The act of driving on walkways or pedestrian walkways amounts to obstruction of those spaces for pedestrians.

Negligence

Drivers, motorists and road users may also owe a duty of care to pedestrians and other road users under the tort of negligence. Liability in negligence for injury to a pedestrian may arise if:

A road user owes a duty of care to the claimant pedestrian;
The defendant road user breached that duty; and
There is a causal link between the injury or harm suffered by the claimant pedestrian and the defendant road user’s breach of duty.

Negligence can be summed up as a general duty not to cause injury or harm because of careless or negligent behaviour. As such, liability can be avoided where people act as a reasonable, prudent person would have done in similar circumstances.

2.3 When We’re Cycling

Make sure we comply with The Highway Code.
Avoid cycling on walkways or in areas with lots of pedestrians – if we need to use a pedestrian space, and are able to walk, we should dismount and push the bike whilst until we’re back in space for vehicles again.
Be alert to pedestrians who might need to cross, particularly if they have a white cane, crutches or some other mobility device.
Slow down and stop to let pedestrians cross.
Be aware, when we come across pedestrians walking or wheeling in a road, that it is the last place they might want to be. Road markings which might seem clear to most people may not be detectable to people with visual or cognitive disabilities; and some people with mobility impairments may be forced onto the road because there is no access to (or exit from) a walkway – eg because dropped kerbs are blocked, broken or absent. So, we should try to be considerate and helpful to pedestrians in the road without making the situation any more stressful for them.
When cycling in a space that is shared with pedestrians, always be mindful of them. Give them plenty of space and keep speed down when approaching and passing them. If there are quite a few pedestrians, we should dismount and push our bikes instead of riding them.
Make sure our bikes have a working bell, so that we can alert pedestrians (politely) to our presence – remembering that people with hearing disabilities may not be able to hear the bell.

Our Relevant Legal Obligations

The Highway Code

Guidelines 22 – 33 contain guidance for cyclists, including a requirement not to cycle on a walkway and move to the walkway and push your bicycle if unable to continue riding (23); and to be on the lookout for pedestrians stepping into our path (25).

The Traffic Act

Section 89 covers restrictions on riding bicycles. It is understood that most electric bikes fall within the scope of the Traffic Act as bicycles (Section 2).

Negligence

Liability in negligence could arise where a cyclist causes injury or harm to a pedestrian.

2.4. When We’re Using Scooters or Other Micro-Mobility Devices

Make sure we comply with The Highway Code and all relevant laws and guidance.
Never ride scooters on walkways, even if it is technically lawful to do so. Dismount and push scooters when on walkways.
When in spaces that are shared with pedestrians, always be mindful of pedestrians. Giving them plenty of space and keeping speed down when approaching and passing them. If there are quite a few pedestrians, we should dismount and push scooters instead of riding them.

Our Relevant Legal Obligations

Negligence

All road users owe a duty of care to each other, including pedestrians. Where a person is using an e-scooter in a negligent or unsafe manner, such as riding fast on the walkway, it could give rise to civil or even criminal liability.

2.5 When We’re at Work or Running a Business

Not putting advertisement or other boards/signs on the walkway where they will restrict pedestrian space or where pedestrians (eg those with visual disabilities) might bump into them.
Not attaching to buildings which adjoin walkways anything that sticks out and might cause an injury to a pedestrian – eg a blind person who is following the building line with a long cane; or a wheelchair-user who is left with too little space to get round.
Place market stalls, or goods we’re selling, in spaces which are not pedestrian thoroughfares, and which have plenty of space around them.
When placing cafe furniture etc outdoors, make sure that it is within some kind of surrounding border fence which extends to floor-level so that it can be detected by blind people using long canes.
Keep walkways near where we work clean and free of rubbish.
When installing ramps, make sure they comply with best practice design guidance – eg on the gradient of ramps.

Our Relevant Legal Obligations

Negligence

Businesses owe a duty of care to their customers and others in their vicinity, and thus could be held liable if their actions cause injury or harm to pedestrians.

Design and Building Code Guidance

There are various guidance documents on building codes and accessibility, including KS ISO 21542:2011 Building Construction – Accessibility and usability of the built environment; and KS ISO IECGU 71:2014 Guidelines for standards developers to address the needs of older persons and persons with disability. Legal Notice number 62 of 2009 The Persons with Disabilities (Access to Employment, Services and Facilities) makes some provisions on accessibility of sports and recreational services under Regulation 10.

2.6 When We’re at Home

Make sure no trees or bushes in the property we live in stick out over the walkway. Head-height or thorny obstructions are particularly dangerous for adults and children, especially those with disabilities.
Avoid creating trip hazards across the walkway – eg signage or market stalls.
Make sure that vehicles (such as cars or bikes) are parked off the walkway.
Try to keep the walkways running alongside the places we live in clear of rubbish.
Report any faults or hazards in the walkways near where we live to the county government so that they are aware of the need for repair, cleaning etc.

Our Relevant Legal Obligations

Negligence and Occupier’s Liability

Homeowners, tenants and occupiers may owe a duty of care to pedestrians under the tort of negligence.

The Occupiers Liability Act (Cap. 34) imposes a duty of care on occupiers toward lawful visitors. Under the Act, a duty of care is imposed as a consequence of a person’s occupation of premises for dangers arising from the state of the premises. An occupier is someone who has a sufficient degree of control or “occupational control” over the premises. The term “premises” has been interpreted broadly by the courts. Thus, a piece of equipment carelessly left on a walkway by an occupier, and which presents a trip hazard for pedestrians, might fall within the scope of the Act and give rise to liability if a pedestrian is injured because of it.