Review of the Proposed Kenyan Sign Language Bill 2023

"Sign Language" by Daquella manera is marked with CC0 1.0.

The Kenyan Sign Language Bill was drafted with the main objective of providing for the use of sign language during judicial proceedings, at schools and other public institutions to ensure that deaf learners are given the same opportunities as all other learners to be productive members of society.

This is pursuant to Article 10(2),7 (3) (b) and 54(1) (d) of the Constitution of Kenya. The Constitution obligates public institutions to put in place facilities that ensure the inclusion of deaf persons and person who are hard of hearing in their processes.

The various areas that this Bill has focused on are discussed hereunder:

1.     Use of Sign Language in Legal Proceedings

The Bill provides that individuals who have Kenyan Sign Language as their first or preferred language are entitled to use it in certain circumstances, such as when they are a member of a court, tribunal or body before which proceedings are being conducted, or when they are a party or witness in legal proceedings. This also extends to Advocates of the High Court of Kenya and persons given permission by the judicial officer to use Kenyan Signed English.

In legal proceedings, it is the responsibility of the judicial officer to ensure that a competent and recognised interpreter is available to any person who has the right to use Kenyan Signed English under subsection (1). The judicial officer must also assess the accuracy of any interpretation from Kenyan Sign Language to spoken or written language, or vice versa.

If someone intends to use sign language in a legal proceeding, they may be required to give reasonable notice of their intention and follow any regulations or procedures established by this Bill or any other written law. Not following these regulations may result in an award of costs, however no one can be denied the right to use Kenyan Sign Language in any legal proceedings because of such failure.

2.     Curriculum Development

The Cabinet Secretary for education is responsible for ensuring that learners who are deaf or hard of hearing are taught in a way that they can comprehend and utilise the dominant language used for instruction in the education system. In addition, the Cabinet Secretary shall create a program for providing Kenyan Sign Language classes to parents, siblings, grandparents and other individuals who serve as guardians or primary caregivers to  children who are deaf or hard of hearing, among other things.

The Kenya Institute for Curriculum Development, which was established under section 3 of the Kenya Institute for Curriculum Development Act, is responsible for designing, evaluating, and approving appropriate programs, curricula, and support materials for learners who are deaf and hard of hearing. The proposed Bill aims to address the issue of the assimilationist approach used in many schools for the deaf, where teachers teach deaf children how to speak in an attempt to make them as "normal" as others, despite the deaf needing a visual language. To this end, the Bill established clear-cut language policies that recognise Kenyan Sign Language as the medium of teaching for the deaf. The National Special Needs Education policy of 2010 failed to address this issue fully.

3.     Standards, Accreditation and Procedures

The Cabinet Secretary is required to collaborate with the Kenya National Accreditation Agency and members of the deaf community to establish a national system for Kenyan Sign Language interpretation standards, accreditation, and procedures. Anyone who wishes to offer Kenyan Sign Language interpretation services must apply for registration with the Ministry responsible for education matters in accordance with the criteria and procedures specified by the Cabinet Secretary.

“If these provisions were enacted, they could have a significant positive impact on the lives of deaf and hard of hearing individuals in Kenya.”

Additionally, the Cabinet Secretary under section 16 of the Bill  is obligated to publish a code of conduct for sign language interpreters in the Gazette, in consultation with the most representative registered association of sign language interpreters. This code will serve as a guide for providing high-quality sign language interpretation services. If someone violates the provisions of the code, they may be removed from the register of sign language interpreters.

This will help avert situations such as the actions of the sign language interpreter accused of gesticulating nonsense during the Nelson Mandela memorial service in South Africa. The said interpreter lacked qualifications and the company that acquired his services stated that he had a history of substandard services and in this instance, "cheating".

4.     Sign language in the Workplace

The national and county governments are obligated to implement reasonable measures that support and encourage the use of fundamental Kenyan Sign Language among their hearing and deaf employees. They must also provide sign language interpreters for all national and county government offices, conferences, meetings, cultural events, sports competitions, community activities, and affairs that are conducted by government agencies, whenever necessary or requested.

Moreover, an employer is required to create adequate opportunities for individuals who are deaf or hard of hearing to be qualified for employment within the organisation. Furthermore, the employer must encourage the career growth and development of such employees.

5.     Promotion of Kenyan Sign Language

Technical and vocational training institutions, public colleges and centres, and public universities must include Kenyan Sign Language as a course of study. Public institutions of higher learning are also required to conduct ongoing research regarding the utilisation and growth of sign language.

Conclusion

The provisions outlined in the above text relate to the use and promotion of Kenyan Sign Language in various aspects of society, including education, employment, and government. If these provisions were enacted, they could have a significant positive impact on the lives of deaf and hard of hearing individuals in Kenya.

Illustratively, the requirement for public and private schools to provide Kenyan Sign Language as a subject of study could improve the educational opportunities available to deaf and hard of hearing students. Additionally, the establishment of a national system for Kenyan Sign Language interpretation and a code of conduct for sign language interpreters could ensure that deaf and hard of hearing individuals have access to high-quality interpretation services, thereby promoting their inclusion in various settings.