THE KENYAN SIGN LANGUAGE BILL, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Registration Scheme for Sign Language Interpreters
Establishes a formal registration and certification regime for Kenyan Sign Language (KSL) interpreters. A designated Registrar within the Ministry of Education will maintain a register, issue one-year certificates, and enforce a code of conduct. Interpreters must meet specific qualifications, including a social science degree and five years of KSL proficiency.
Mandatory KSL Interpretation in Courts
Entitles individuals whose first or preferred language is KSL to use it in court, tribunal, or legal proceedings. Judicial officers must ensure a competent and recognized interpreter is provided. While failing to give notice of using KSL may lead to cost awards, the right to use the language cannot be denied.
KSL Integration in the National Curriculum
Directs the Kenya Institute for Curriculum Development (KICD) to develop, review, and approve curricula and supportive materials for deaf learners. The Ministry of Education must set aside funds for educational materials and establish a scheme to offer KSL classes to the families and guardians of deaf children.
12-Month National Action Plan
Requires the Cabinet Secretary for Education, in consultation with deaf associations and county governors, to develop a comprehensive Kenyan Sign Language Action Plan within 12 months of the Act's commencement. The plan must assess public service accessibility and detail actions to support the deaf community.
Bill No.
Bill No. 9 of 2023
Gazette No.
Supplement No. 21 of 2023
Background
Article 7(3)(b) and Article 54(1)(d) of the Constitution of Kenya mandate the development and promotion of Kenyan Sign Language (KSL) and access to materials and devices for persons with disabilities. The Kenyan Sign Language Bill, 2023, provides the statutory mechanisms to enforce these constitutional guarantees.
Key Amendments
- Legal Recognition: Formally recognizes KSL as the language of the deaf and hard of hearing community in Kenya (Section 4).
- Legal Proceedings: Entitles individuals whose first or preferred language is KSL to use it in court, tribunal, or other judicial proceedings (Section 6).
- Curriculum Development: Mandates the Kenya Institute for Curriculum Development (KICD) under Cap 211A to develop, review, and approve curriculum and supportive educational materials for deaf learners (Section 8).
- Standards and Accreditation: Directs the Cabinet Secretary for Education, in consultation with the Kenya Accreditation Service (Cap 496A), to establish registration criteria and standards for KSL interpreters (Section 9).
New Obligations
- Registrar of KSL Interpreters: The Cabinet Secretary must designate a public officer within the Ministry of Education as Registrar to maintain a register, process registrations, and issue one-year certificates (Sections 11, 12, 13).
- Public and County Governance: National and county governments must use KSL in promoting public services, provide free KSL interpretation for statutory entitlement access, and ensure information is accessible (Section 5).
- Workplace Inclusivity: Employers must provide reasonable career and employment opportunities for deaf persons. Public bodies are obligated to conduct KSL training and subsidize hearing aids (Section 16).
- Action Plan: The Cabinet Secretary, in consultation with the Council of County Governors and registered deaf associations, must develop a KSL Action Plan within 12 months of commencement (Section 18).
Penalties
- De-registration: Interpreters who violate the Gazetted code of conduct are subject to being removed from the register of interpreters (Section 15).
- Legal Cost Awards: Failure to give reasonable notice of intent to use sign language in a legal proceeding may warrant an award of costs against the failing party, although the right to use KSL itself cannot be denied (Section 6(5)).
Transitional Provisions
- One year after the commencement of the Act, the KICD must prepare and transmit a comprehensive review and assessment report to Parliament regarding the curriculum and materials developed for deaf learners (Section 8(4)).
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