Meet The Fellow
Meet Rosa Adhiambo Ojwang from Kenya.
Rosa is an Advocate of the High Court of Kenya. Her passion lies in human rights law, promoting social justice and a dignified life for all people. She holds a Masters degree in Regional Integration and East African Community Law. As a student leader at the University of Dar es Salaam, Rosa recognized the urgent need for transformative leadership in the East African community and was inspired to publish on human rights causes. She has since then been committed to promoting democracy, the rule of law, and respect for human rights which is part of the reason she joined the East African Emerging Public Interest Advocates Programme. The training offered Rosa a unique opportunity to learn from leading professionals in the human rights field on the tried and tested strategies for addressing pressing challenges in the region.
Rosa is currently placed at Katiba Institute for the practicum, where she is actively involved in legal research on emerging public interest causes. This has exposed Rosa to a wealth of knowledge and expertise in utilizing legal precedents innovatively and developing effective legal strategies for successful public interest litigation. Rosa looks up to her colleagues who provide impactful legal solutions to pressing issues, whilst conducting themselves with utmost humility, grace and exemplary professionalism; traits she too is picking up and emulating in her professional career development.
Rosa’s project is on challenging the constitutionality of guardianship laws for persons with disabilities (PwDs) in Kenya, with the aim of addressing the issue of trafficking of PwDs. The Kenya Persons with Disabilities Act only mentions guardianship under Section 45, which prohibits the concealment of PwDs by such guardians, in a manner as to deny them services and opportunities available in the Act. However, there are no legal provisions regulating the guardianship of PwDs. The lack of legal provisions for oversight of guardianship arrangements by independent authorities, such as courts, exposes vulnerable PwDs to a higher risk of exploitation through trafficking arrangements. This includes the trafficking of PwDs into the country for exploitation such as forced begging. Rosa’s motivation to work on this project stems from a personal experience that hit close to home when a close relative developed a psychological disability. Rosa’s relative was forcibly detained at a church, and despite best efforts, family members were denied custody due to the institution’s claim for consent to said confinement. This ordeal lasted over two years, during which Rosa’s relative was deprived of other basic rights such as education. While the petition for release addressed various issues, the matter of guardianship was not properly addressed. Through this experience, Rosa recognized the underlying legal issue as the gaps in guardianship laws for persons with disabilities.
Rosa hopes this case will lead to amendment of the national laws, and creation of guidelines to ensure alignment with international best practices on supported decision making for PwDs, rather than completely overhauling their legal capacity in guardianship arrangements. By strengthening the legal framework, Rosa hopes to minimize trafficking of PwDs, making a lasting and positive impact on the lives of PwDs and contributing to a more inclusive and rights-based society in Kenya.
Besides the law, the multifaceted Rosa is deeply interested in Buddhism. Rosa is on a personal journey to achieve a state of complete nirvana! Exploring the teachings and practices of Buddhism brings Rosa great inner peace, compassion and renews her commitment for social justice.
“He who gives away shall have real gain” — Buddha
We wish Rosa the best as she continues to serve her community for the greater good.
