Image Credit: Hiiraan Online

By Tafadzwa Nyamuzihwa – Hannover, Germany

In a powerful reminder that disability rights are human rights, the High Court of Kenya delivered a landmark judgment on 14 October 2025, awarding KSh 2.5 million (approximately €15,800 / $16,500) in damages to Mr. Wilson, a blind Kenyan national who faced unlawful discrimination at the hands of a financial institution.

In March 2023, Wilson approached IM Bank intending to open a personal bank account.

As is internationally accepted among visually impaired persons, he opted to use his thumbprint instead of a handwritten signature—an established and legally recognised method under Kenyan law and international practice.

Shockingly, the bank refused to process his application based on his disability and use of a thumbprint.

The court heard that Wilson’s constitutional rights to dignity, equality, and non-discrimination were violated.

The denial of banking services amounted to exclusion and a breach of his right to equal access to essential services.

Justice Mwita, presiding over the matter, ruled that the bank’s actions constituted a violation of Wilson’s human rights and affirmed that thumbprints are valid legal identifiers—particularly for blind persons.

The judge criticised the bank’s conduct as discriminatory, unlawful, and contrary to the principles of inclusion.

The award of KSh 2.5 million in damages is a significant legal milestone for persons with disabilities in Kenya.

It reinforces the constitutional mandate to protect the rights and dignity of every individual, regardless of ability.

This ruling is a step forward for disability justice—not only in Kenya but globally—and sends a clear message to institutions: inclusion is not optional; it is the law.