An Act of Parliament to give effect to Article 7(3)(b) of the Constitution on the promotion and development of the use of Kenyan Sign language; to give effect to Article 54(1)(d); to provide for the inclusion of sign language in education curriculum and to provide for the use of sign language in legal proceedings.
| PROPOSED PROVISION FOR AMENDMENT | PROPOSED AMENDMENT | OUR COMMENTS |
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| Clause 2 Interpretation | “Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to education. | We propose that this definition applies to the Cabinet Secretary for Public Service, Gender, and Affirmative Action. This is because in 2021, the Cabinet Secretary for Labor and Social Protection transferred its Social Protection function to the Ministry of Public Service, Gender, and Affirmative Action. |
| “deaf community” means a socio-linguistical cultural group who use Kenyan Sign Language in their everyday communications and as a native or mother tongue, first or preferred language. | Inclusion of this definition shows the scope of people the Bill will apply to. | |
“deaf culture” means the way deaf people interact and includes a set of social beliefs, behaviours, art, literary traditions, history, values and shared institutions of communities that are influenced by deafness. | We propose deleting the word “people” appearing immediately after the word “deaf” and replacing it with the word “community.” This will be in line with the definition provided above for “deaf community”. |
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| Secondly, we propose adding the word “the” immediately after the word “way”. | ||
| “Kenya signed English” means manually coded English involving producing signs which correspond to an English word in an English sentence in English word order designed to facilitate communication between the deaf and hearing community. | We propose the deletion of this definition as it has not been used in the Bill. | |
| The objects of the Regulations are to: a. ensure that every person who has attained the age of eighteen years and resident in Kenya is registered as a contributor of the Fund; b. prescribe the mode of identification of beneficiaries; c. set out the criteria and procedure for empanelment and contracting of healthcare providers; d. ensure that the public can access health services from qualified and licensed healthcare providers; and e. set out the criteria for payment of claims under the Act. | Objects outline the goals or aims that the Regulations seeks to achieve. By clearly stating the objects of the Regulations, it helps in interpreting and understanding its provisions. To conclude, objects ensure that the Regulations are effectively implemented, applied consistently and aligned with their intended purposes. |
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| “Kenya sign language” means sign language predominantly used in Kenya by the deaf community. | We propose the deletion of the word “Kenya” appearing before the word “sign” and replacing it with the word “Kenyan”. This proposal will streamline the Bill and enhance uniformity. |
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| “public university” means a university established and maintained out of public funds. | We propose the deletion of this definition as it has not been used in the Bill. | |
“relevant public authority” means an entity established by the Constitution, an Act of Parliament or any other law. | We propose the deletion of this definition as it has not been used in the Bill. |
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“sign language” means system a system of communication, both visual or tactile, as the case may be, by manual signs or symbols including body movement. | We propose the deletion of the word “system” appearing after the word “means” to correct the grammatical error. Incorporating this change enhances clarity. |
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| Clause 3 Objects | The objects of this Bill are to: a. ensure that persons who are deaf or hard of hearing integrate into society; b. protect and promote the right to justice and fair administration action with respect to persons who are deaf and hard of hearing; c. promote access to quality education by learners who are deaf or hard of hearing; d. provide for the training, recognition and regulation of sign language interpreters; e. promote access to public services by deaf persons; f. promote the inclusion and diversity in the workplace by creating opportunities for persons who are deaf or hard of hearing to compete for employment opportunities; and g. promote literacy development of learners who are deaf or hard of hearing; h. ensure that there is compliance in the development, recognition, promotion and integration of sign language as a language in Kenya; and i. promote and recognize deaf culture in Kenya. | Objects outline the goals or aims that the Bill seeks to achieve. By clearly stating the objects of this Bill, it helps in interpreting and understanding its provisions. To conclude, objects ensure that the Bill’s provisions are effectively implemented, applied consistently, and aligned with their intended purposes. |
Clause 4 Recognition | The Kenyan sign language is the language used by the deaf or hard of hearing in Kenya for expressing themselves and communicating with others. The community of deaf persons in Kenya shall have the right to use and preserve Kenyan Sign Language. | This clause seeks to recognize sign language as one of the official languages in Kenya. This allows sign language to be used in all government offices, schools, and courts. This will be pursuant to article 54 (1)(d) of the Constitution that allows the deaf community to use sign language as a mode of communication. In 2008, Kenya ratified the United Nations Convention on the Rights of Persons with Disabilities which mandated member states to eliminate all forms of discrimination against persons with disabilities. |
Clause 5 Role of the national and county governments | The national government and county governments when exercising their powers and functions under the Constitution or any other written law shall, so far as is reasonably practical, ensure that: a. members of the deaf community are consulted on all matters related to the development, use and promotion of Kenyan sign language; b. Kenyan sign language is used in the promotion to the public of government services and in the provision of information to the public; c. all public bodies shall do all that is reasonable and necessary to provide free interpretation in the Kenyan sign language to those who wholly rely on it to access statutory entitlements or services provided by that public body; and d. information relating to public services shall be made accessible to the deaf community through the use of appropriate means including Kenyan sign language. | This will be pursuant to article 7(3)(b) of the Constitution which mandates the State to promote the development and use of sign language. |
Clause 6 Use of sign language in legal proceedings | A person whose first or preferred language is the Kenyan sign language is entitled to use the Kenyan sign language where the person is: a. member of a court, tribunal or body before which proceedings are being conducted; b. is a party or witness in a legal proceeding; c. is an Advocate of the High Court of Kenya representing a party in proceedings; or d. is given leave by the judicial officer to use Kenyan Signed English. A judicial officer in a legal proceeding shall ensure that a competent and recognized interpreter is available to a person entitled under subsection (1) to use Kenyan signed English. The judicial officer shall make a determination as to the accuracy of any interpretation from the Kenyan sign language into spoken or written language or from spoken to written language into the Kenyan sign language. Any person intending to use sign language in any legal proceeding may be required under any regulations made under this Act or any other written law, give reasonable notice of that intention, and generally regulate the procedure to be followed where Kenyan Sign Language is, or is to be used in such proceedings. Any such failure may warrant an award of costs as per any regulations, rules of court or any other appropriate written rules of procedure, but no person may be denied the right to use Kenyan sign language in any legal proceedings because of any such failure. | The award of costs in sub-clause (5) infringes on the right to access justice stipulated under article 48 of the Constitution. |
| For sub-clause (1), we propose the following: a. the deletion of the words “is” in sub-clauses (1)(b)(c)(d); and b. the addition of the word “a” immediately before the word “member” in sub-clause (1)(a). |
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| Sub-clause (4) is silent on the mode of giving reasonable notice to the court. We propose that the notice be made either orally or through a written document. | ||
| For sub-clause (2), we propose that any sign language interpreter appointed by the court must file a current practicing certificate issued in clause 14 of this Bill. This prevents instances of unqualified people acting as qualified sign language interpreters in legal proceedings. |
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| For sub-clause (2), we propose the following: a. the sign language interpreter’s remuneration shall be determined by the Judiciary in consultation with the Salaries and Remuneration Commission; and b. the sign language interpreter’s remuneration shall be paid by the Judiciary. Despite the criticisms above, the use of sign language in legal proceedings is a good move as it ensures equal access to justice for members of the deaf community. |
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Clause 7 Educational support for deaf learners | The Cabinet Secretary for education shall: a. ensure that deaf learners and learners who are hard of hearing are taught in a manner which they are able to understand and use the dominant language of instruction in the education system; b. ensure that teachers of deaf children assist learners to acquire sufficient competence in the use of the English and Kiswahili language including ensuring that Kenyan sign language is taught in sign form and not written form; c. ensure development of supportive instructional materials for the education of deaf learners and learners who are hard of hearing; d. set aside adequate funds for the development of educational materials for deaf learners and learners who are hard of hearing; e. ensure that Kenyan sign language in digital form contains inscription in standard English as a medium of instruction; f. institutions of education for the deaf cater for formal and non-formal education, skills development and self-reliance for deaf learners as appropriate; g. ensure that institutions offering teaching training offer, as part of their curriculum, courses on Kenyan sign language and interpretation; h. ensure that there are sufficient number of placements for teachers of children who are deaf or hard of hearing and who are attending recognized schools; i. establish a scheme for the provision of Kenyan sign language classes to: I. the parents, siblings and grandparents of a child who is deaf; and II. other persons who may serve as a guardian or primary care giver to a child who is deaf or hard of hearing; and j. ensure that there are adequate reading materials in the English and Kiswahili languages for the educational support of, and that are accessible, by members of the deaf community. | Providing educational support to deaf learners ensures there is equal access to education (as stipulated under article 43(1)(f) of the Constitution) and promotes their overall development and well-being. By providing educational support to deaf learners, it’s an essential step towards building an inclusive educational system that caters for the diverse needs of all learners. |
Clause 8 Curriculum development | The Kenya Institute for Curriculum Development established under section 3 of the Kenya Institute for Curriculum Development Act shall develop, review and approve appropriate programmes, curricula and curriculum support materials for learners who are deaf and hard of hearing. Notwithstanding the provisions of subsection (1), the Institute shall carry out a comprehensive assessment and review of the programmes, curricula and curriculum support programmes and instructional materials for learners who are deaf and hard of hearing. In carrying out the review and assessment under subsection (2), the Institute shall invite and collaborate authors to submit published works relevant to the curriculum for deaf learners for purposes of inclusion as curriculum support materials. The Institute shall, one year after the commencement of this Act, prepare and transmit to Parliament a report of the review carried out under subsection (1). | For sub-clause (1), we propose the deletion of the words “deaf and hard of hearing” and replacing it with the words “members of the deaf community”. |
Clause 9 Development of an action plan | The Cabinet Secretary shall, in consultation with the National Council for Persons with Disabilities and the Council of County Governors, develop a Kenyan Sign Language Action Plan (“the plan”) within one year upon the commencement of this Act. The Cabinet Secretary shall, in developing the plan, undertake public participation. | We propose the addition of a new sub-clause (3) that states as follows: “The plan developed under sub-section (1) shall be regularly reviewed by the Cabinet Secretary in consultation with the National Council for Persons with Disabilities and the Council of County Governors”. Regular reviewing of the plan enables continuous improvement, ensuring that sign language initiatives remain effective, responsive, and aligned with the needs of the deaf community and the goals of accessibility and inclusivity. |
Clause 10 Standards, accreditation and procedures | The Cabinet Secretary shall, in consultation with the Kenya National Accreditation Agency established under section 4 of the Kenya Accreditation Act and members of the deaf community, develop a national system of standards, accreditation and procedures for Kenyan sign language interpretation (“the system”). For purposes of subsection (1), the Cabinet Secretary shall: a. regulate the provision of Kenyan sign language interpretation; b. establish additional procedures and criteria for registration of Kenyan sign language interpreters; c. establish and maintain a register of Kenyan sign language interpreters; and d. determine the education, training and qualifications required for a person to be registered as a Kenyan sign language interpreter. | We propose the deletion of sub-clause (2)(c) as it conflicts with clause 13(1) of this Bill. Clause 13(1) mandates the registrar to keep and maintain the register and not the Cabinet Secretary. For sub-clause (1), we propose the deletion of “members of the deaf community” and replace it with the “National Council for Persons with Disabilities”. The National Council for Persons with Disabilities shall consult with the members of the deaf community before assisting to develop the system. |
Clause 11 Registration of sign language interpreters | A person who wishes to provide Kenyan sign language interpretation services shall apply for registration by the Ministry responsible for matters relating to education in accordance with such criteria and procedures as may be prescribed by the Cabinet Secretary. An application under subsection (1) shall be made in a form prescribed in Regulations by the Cabinet Secretary. | We propose the deletion of the words “by the Ministry responsible for matters relating to education” and replacing it with the words “to the Cabinet Secretary”. |
| Secondly, the Bill is silent on the mode of communication for rejected applications. | ||
| Thirdly, no timelines have been provided in this clause. Consequently, we propose that the registrar informs the applicant of its decision within fifteen (15) business days. | ||
| Fourthly, this clause is silent on the mode of application. Is it done physically or online? | ||
Clause 12 Registrar | The Cabinet Secretary shall designate a public officer within the Ministry as the registrar of Kenyan sign language interpreters. The Cabinet Secretary shall, in consultation with the most representative registered association for sign language interpreters, determine the conditions and qualifications for registration as a sign language interpreter. | We propose that the registrar is appointed through an open, fair, competitive, and transparent process. |
| Secondly, we propose that the registrar’s salary is determined by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission. | ||
| Thirdly, the clause is silent on whether the registrar’s term of appointment is renewable. | ||
| Fourthly, the clause is silent on the qualifications and disqualifications of a person who wishes to become a registrar. |
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| For sub-clause (2), we propose the deletion of the words “the most representative registered association for sign language interpreters” and replacing it with the words “National Council for Persons with Disabilities and the Council of County Governors”. This proposal seeks to remove the ambiguity in the sub-clause. | ||
Clause 13 Register of sign language interpreters | The registrar shall keep and maintain a register in which the name of every person registered by the Cabinet Secretary to provide sign language interpretation services shall be entered showing: a. the date of the entry in the register; b. the address of the person registered; c. the qualifications of the person; and d.such other particulars as the Cabinet Secretary may prescribe. A person whose name is entered in the register under subsection (1) shall inform the registrar of any changes in the particulars set out under subsection (1). | The register contains the names of all accredited persons who can provide sign language interpretation services in Kenya. For sub-clause (2), we propose the addition of the words “in writing” after the word “registrar”. Written records provide a permanent record for information as they can be referenced, reviewed, and retained for future use. Furthermore, a template of the amendment form should be included in the Regulations. |
Clause 14 Certificate of registration | The registrar shall issue a certificate of registration to a person whose name is entered into the register. Where the name of a person is removed from the register, the registrar shall give notice to that person, or if the person is dead, to that person’s legal personal representative, requiring surrender of the certificate of registration to the registrar. A certificate of registration issued by the registrar shall be valid and shall remain in force for one year. | A certificate of registration is evidence that the sign language interpreter has met the requirements to practice as a sign language interpreter. Furthermore, it validates their education, training, and competency in the sign language profession. |
| For sub-clause (3), we propose the payment of a prescribed fee when renewing a certificate of registration. This will be similar to other professions like the legal profession. |
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| For sub-clause (3), we propose the deletion of the words “and shall remain in force”. Incorporating this change removes the verbosity in the sub-clause. | ||
Clause 15 Inspection of register | A person may, during normal office hours and on payment of the prescribed fee, inspect the register and any document relating to an entry and may obtain from the registrar a copy or extract from the register of any such document. | Inspecting the register ensures that the sign language interpreters listed meet the required standards of competence, qualifications, and certifications. This helps to maintain a level of quality assurance in the profession by verifying that registered sign language interpreters have the necessary credentials to provide effective sign language interpretation services in Kenya. |
Clause 16 Code of conduct | The Cabinet Secretary shall, in consultation with the most representative registered association of sign language interpreters, publish in the Gazette a code of conduct for sign language interpreters. The code published under subsection (1) shall act as a guide for the provision of quality sign language interpretation services. A person who contravenes the provisions of the code under subsection (1) may be removed from the register of sign language interpreters. | For sub-clause (1), we propose the deletion of the words “most representative registered association of sign language interpreters” as the term is ambiguous and replacing it with “National Council for Persons with Disabilities and the Council of County Governors”. |
| Secondly, a code of conduct ensures that sign language interpreters are aware of their responsibilities and understand their ethical considerations. | ||
| In sub-clause (1), we propose that publication of the code of conduct be done in both the Kenya Gazette and a newspaper of national circulation (Through a notice). National newspapers have a vast readership, which means that publishing information can help reach a wider audience. |
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| Lastly, we propose the addition of the word “of conduct” immediately after the word “code” in sub-clauses (2) and (3). | ||
Clause 17 Sign language at the workplace | The National and County governments shall: a. take all reasonable measures to promote and encourage the use of basic Kenyan sign language among its deaf and hearing employees; b. set aside adequate funds for the promotion of Kenyan sign language including funding activities to celebrate and promote awareness of the language; c. conduct awareness and training seminars on the use of the Kenyan sign language; d. provide sign language interpreters where necessary or requested in all national and county government offices including during all conferences, meetings cultural events, sport competitions, community affairs and activities conducted by government agencies; and e. subsidize the acquisition of hearing aids and other ancillary services to the deaf community. An employer shall create reasonable opportunity for persons who are deaf or hard of hearing to be eligible for employment in the respective organization and shall promote the career progression of such employees. | This clause only focuses on employment in the public sector. We propose that this clause is amended to include employers in the private sector. Consequently, we propose the deletion of the words “the National and County governments” and replacing it with the words “Employers in the public and private sector”. By embracing the use of sign language in the workplace, employers demonstrate a commitment to inclusivity, diversity and equal opportunities for all employees. It also allows deaf employees to fully engage, contribute and thrive in their professional roles, fostering a positive and inclusive work environment. Furthermore, the use of sign language in the workplace ensures compliance with Article 27 of the Constitution. The Kenya Bankers Association in 2021 launched an online platform called eLimu that sought to train bank employees on the use of sign language. This will improve access to financial services for members of the deaf community. |
Clause 18 Promotion of Kenyan sign language | The national and county government shall take all necessary steps to propagate sign language competency among hearing people by offering sign language as a language subject in the mainstream curriculum. Kenyan sign language shall be offered as a discipline of study at technical and vocational training institutions, public colleges and centres and public universities. Public institutions of higher learning shall undertake continuous research in the use and development of sign language. | For sub-clause (3), we propose the addition of the words “and private” immediately before the word “institutions”. |
| For sub-clause (2), we propose the addition of the words “and private” immediately before the word and “universities”. This proposal ensures the clause applies to both public and private institutions of higher learning. |
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| In sub-clause (2), we propose the deletion of the words “and centres” immediately after the word “colleges”. | ||
Clause 19 Action plan for Kenya sign language | The Cabinet Secretary responsible for matters relating to persons with disabilities shall, in consultation with the most representative registered association for deaf persons, National Council for Persons with Disabilities and the Council of County Governors, develop a Kenyan Sign Language Action Plan six months upon the commencement of this Act. A plan developed under subsection (1) shall include: a. an assessment of the approach which the national and county government entities are taking in interactions with, and the provision of its services to, members of the deaf community; b. an assessment of the accessibility of national and county government services by members of the deaf community; c. a statement on the actions proposed to be taken by national and county governments so as to take into consideration the needs of the deaf community in delivery of services; d. details of the consultations held and proposed to be held by the national and county government with members of the deaf community in respect of delivery of services; and e. details of the guidance and training which national and county government entities have given and proposed to give to staff in respect of the needs of members of the deaf community. The plan developed under section (1) shall be reviewed regularly and in any case every five years. | We propose the deletion of this clause as it’s a repetition of clause 9. |
Proposed clause Use of sign language in services offered by telecommunication service providers | We propose that services offered by telecommunication service providers be made accessible to members of the deaf community. This is through the use of Video Relay Service, Video Remote Interpreting, Text Relay Services and other communication facilitators for the deaf. | This is a good move as it will improve inclusivity in services offered by telecommunication service providers. Some telecommunication service providers are considering the incorporation of sign language into their services. For example, in October 2022, Safaricom PLC published an Expression of Interest document that invited applications from suppliers that have sufficient experience in providing sign language interpretation services. |
Proposed clause Use of sign language by healthcare service providers | We propose that healthcare service providers provide sign language interpretation equipment that can be used by deaf patients. We propose that the national and county governments should provide sign language interpretation services at subsidized costs. Alternatively, medical practitioners can be trained to use sign language. | Incorporation of this proposal ensures that deaf patients have access to the highest attainable standard of health pursuant to Article 43(1) of the Constitution. Providing sign language training to medical practitioners promotes effective communication, patient satisfaction and contributes to a more inclusive healthcare system that values diversity. |
Proposed clause Regulation of mobile applications that offer sign language interpretation services | We propose that the Bill widens its scope to apply to sign language interpretation services offered through mobile applications. | In 2020, a sign language interpretation mobile application called assistALL was launched. The application allowed a deaf person to deposit money into the M-Pesa, PayPal or bank account of a sign language interpreter before receiving sign language interpretation services virtually. This application allows a deaf person to access digital services like e-commerce, e-learning, and many others. Regulating the applications ensures that sign language mobile applications meet certain quality standards. This includes accurate sign language interpretation and user-friendly interfaces. |