An Act of Parliament to establish the Kenyan Sign Language Council for the regulation of sign language interpretation in Kenya and to provide for the recognition, promotion and use of Kenyan Sign Language.
| CLAUSE NO. | CONTENTS OF THE CLAUSE | OUR COMMENTS |
|---|---|---|
| PART I - PRELIMINARY | ||
| Clause 2 Interpretation | “assistive device” includes support implements and tools provided to the deaf, hard of hearing and deafblind to assist them in accessing information. | Assistive devices enable students with hearing disabilities to fully participate in classrooms or online learning platforms. This can bridge the gap in educational attainment for individuals with hearing challenges and improve their long-term career prospects. By enabling individuals with hearing disabilities to access information in the workplace, assistive devices allow them to perform tasks independently and communicate effectively with colleagues and clients. This enhances their productivity and opens up a wider range of employment opportunities, reducing barriers to job entry and retention. |
| “deaf” means a person who is either born deaf or became deaf due to illness or a condition at a later stage of life. | Both individuals born deaf and those who became deaf later in life may have different needs in terms of assistive devices, education or rehabilitation. By including both groups under the same definition, the Bill ensures that everyone receives appropriate support. | |
| “deafblind” means a person who is either born deaf and blind or became deaf and blind due to illness or a condition at a later stage of life and uses tactile and braille as a means of communication. | This definition acknowledges that deafblindness can occur at birth or later in life. This inclusivity ensures that all individuals who are deafblind, regardless of when the condition occurs, have equal recognition and access to the necessary resources and support. | |
| “deaf community” includes a distinct group of people who are deaf and who uses sign language as their first and preferred language of communication. | The definition emphasises the importance of sign language as the first and preferred mode of communication for the deaf community. This promotes the use and recognition of sign language as an official language, which can lead to the development of policies supporting its use in public services, education and media. | |
| “hard of hearing” means a person who is either born with a partial hearing loss or acquired a partial hearing loss due to illness or a condition at a later age. | Defining this term allows individuals who fall under this category to be included in disability legislation and policies, ensuring they have access to accommodations such as hearing aids, sign language interpretation, captioning and other services tailored to their needs. | |
| “interpretation” means the process where an original source spoken or signed language is transferred into another target spoken or signed language. | The definition ensures that communication is accessible not only to hearing individuals but also to the deaf and hard of hearing communities. This fosters a more inclusive society where people with hearing disabilities can access information and services on equal terms with others. | |
| “Kenyan Sign Language” means the sign language used for communication by the deaf community in Kenya. | This definition seeks to align the Bill with the provisions of article 7(3)(b) of the Constitution, which mandates the State to promote the development and use of Kenyan Sign Language. | |
| “licensed deaf interpreter” means a person who has been registered to provide interpretation, translation and transliteration services through the use Kenyan Sign Language and other visual and tactile communication formats. | We propose the deletion of this term as it has not been used in the Bill. Secondly, we propose the deletion of the term “licensed deaf interpreter” and replacing it with the term “sign language interpreter”. The term “sign language interpreter” has been used throughout the Bill. |
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| “sign language” means a form of visual or tactile language that uses manual signs that have structure or meaning like other languages. | Defining this term ensures that sign language is treated with the same respect and legitimacy as spoken languages. This is crucial for achieving inclusivity and non-discrimination in public and private spaces. | |
| “support service” includes sign language interpreter, note taker and other specialized aide used by the Deaf community. | By recognising specific support services like sign language interpreters and note-takers, this definition guarantees deaf individuals have access to professional assistance, facilitating smooth communication between deaf and hearing individuals in various settings (for example, education, healthcare, workplaces and legal proceedings). | |
| “tactile” means a format that facilitates reading through the use of touch such as braille, embossed maps or hand on hand feeling of sign language for the deaf blind and the blind. | Tactile reading formats like braille enable blind and deafblind individuals to pursue education on equal terms with their sighted or hearing peers. This opens doors for academic success and career advancement. Secondly, the use of tactile communication methods fosters greater social interaction for deafblind individuals, allowing them to connect with others and participate more fully in society. |
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| Clause 3 Object and purpose | The object and purpose of the Act is to: a. provide a framework for the recognition, promotion, research, preservation and development of the use of the Kenyan Sign Language as contemplated under Article 7(3)(b) and 120 of the Constitution; b. facilitate access to information, educational institutions and facilities as contemplated under article 54(1) of the Constitution; c. provide a framework for the inclusion of the deaf, hard of hearing and deafblind community in all aspects of the society, in order to eliminate all forms of discrimination including in areas of communication, employment, information and education; and d. regulate sign language interpretation in Kenya through registration of sign language interpreters. | By focusing on inclusion in employment, the Bill ensures that employers provide reasonable accommodations for deaf and hard-of-hearing employees, increasing job opportunities and reducing unemployment within this community. Secondly, this provision promotes the use of Kenyan Sign Language in educational institutions, enabling deaf and hard-of-hearing students to fully participate in the education system. It ensures that education is accessible to all Kenyans. |
| Clause 4 Guiding principles | In discharging their functions and duties under this Act, the Cabinet Secretary, the Council, any state officer, state organ and any person administering this Act shall be guided by the following: a. values and principles enshrined in articles 6(3), 10, 27(4), 28 and 35 of the Constitution; b. the values and principles of Public Service set out in article 232(1) of the Constitution; c. the principles of leadership and integrity set out under chapter Six of the Constitution; and d. the general principles and rules of international law on the rights of persons with disability. Without prejudice to the generality of subsection (1), a person involved in the implementation of this Act shall have regard to the: a. respect for inherent dignity, personal autonomy including the freedom to make one’s own choices, and independence of persons; b. non-discrimination and the full and effective participation and inclusion of the deaf community in society; c. respect for difference and acceptance of persons with disabilities and in particular the deaf community as part of human diversity and humanity; and d. equality of opportunity, accessibility and the respect for the evolving capacities of the deaf child. | Guiding principles provide clarity about the intent and purpose of the Bill. They help Parliament to articulate the fundamental values and goals the Bill aims to achieve, ensuring consistency in its interpretation and application over time. |
| PART II - THE KENYA SIGN LANGUAGE COUNCIL | ||
| Clause 5 Establishment of the Council | There is established the Kenya Sign Language Council. The Council shall be a body corporate with perpetual succession and common seal and shall in its corporate name, be capable of: a. suing and being sued; b. purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; c. entering into contracts; and d. doing or performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate. | The purpose of this clause is to give the Council capacity to act in its own name as a legal person. |
| Clause 6 Headquarters of the Council | The headquarters of the Council shall be in the Nairobi, but the Council shall ensure access to its services in all parts of the Republic in accordance with article 6(3) of the Constitution. Notwithstanding subsection (1), the Council may establish such units as it considers necessary for the proper discharge of its functions. | The addition of sub-clause (1) is a good proposal as it allows the public to know the Council’s base of operations. Secondly, decentralisation in sub-clause (2) ensures that services are more accessible to a broader population. By establishing service points in various locations, the Council can reach people who might otherwise face barriers in accessing services due to geographical distance. |
| Clause 7 Functions of the Council | The Council shall: a. regulate the use and development of sign language in Kenya; b. put in place measures for the recognition and preservation of the use of Kenyan Sign Language; c. undertake research and create awareness on the culture and heritage of the deaf community in Kenya; d. set and enforce standards for the training, practice and use of Kenyan sign language and Kenya Sign Language interpretation; e. register and license sign language interpreters in Kenya; and f. maintain a register and keep a record of all sign language interpreters registered under this Act. | The functions of the Council have been clearly stated to ensure that it does not perform tasks that are ultra vires or beyond the scope of its functions. |
| Clause 9 Composition of the Council | The Council consists of: a. a chairperson who shall be appointed by the Cabinet Secretary; b. the Principal Secretary in the Ministry for the time being responsible for matters relating to education or a representative designated in writing; c. the Principal Secretary in the Ministry for the time being responsible for matters relating to culture or a representative designated in writing; d. the chairperson of the National Council for Persons with Disabilities or a representative designated in writing; e. three persons nominated by the most representative registered National Association of the deaf community in Kenya; f. two persons nominated by the most representative registered National Association for sign language interpreters in Kenya; and g. the Registrar who shall be an ex-officio member of the Council. A person qualifies for appointment as the chairperson of the Council if the person: a. holds a degree from a university recognized in Kenya; b. has proven knowledge and experience of at least ten years in matters of: i. Kenyan Sign Language; ii. Deaf and hard of hearing communications and other communications formats; and iii. disability rights. c. meets the requirements of Chapter Six of the Constitution. A person qualifies for appointment as a member of the Council under subsection (1)(e) and (f) if the person: a. holds a degree from a university recognized in Kenya; b. has knowledge and experience of at least five years in any of the following matters of: i. Kenyan Sign Language; ii. Deaf and hard of hearing communications and other communications formats; iii. disability; iii. human rights; or iii. social sciences, c. meets the requirements of chapter six of the Constitution. The Cabinet Secretary shall make regulations to prescribe the criteria for nomination of members referred to in subsection(1)(e) and (f). A person shall not qualify for appointment as a chairperson or a member of the Council, if the person: a. is a member of Parliament or County Assembly; b. is an official of a governing body of a political party; c. is an undischarged bankrupt; d. has been convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months; e. has been removed from office for contravening the provisions of the Constitution or any other written law; or f. in the case of Members referred to in sub-section 1(f), has been and remains removed from the register or his or her practicing certificate has been suspended under section 33. The appointment of the chairperson and members under subsection 1(e) and (f) shall be by name and by notice in the Gazette. | For sub-clause (1), the Council has an odd number of members who can vote during meetings. Excluding the Registrar who is an ex-officio member, the Council has nine members. When there’s an even number of members who can vote, there’s a greater risk of deadlocks. This makes it difficult for the Council to make decisions, resolve conflicts or move forward with its agenda. An odd number ensures that there will always be a majority decision. For sub-clause (1)(a), we propose that the Chairperson is appointed through a fair, transparent and competitive process. This proposal has the following benefits: a. a fair, transparent and competitive appointment process ensures that candidates are evaluated based on their qualifications, skills and experience. This helps to attract and select the most suitable individual, contributing to the overall effectiveness and efficiency of the Council; and b. this proposal ensures that appointments are done in a fair and transparent manner in accordance with the values and principles set out in the Constitution. Thirdly, the addition of qualifications in sub-clauses (2) and (3) is a good proposal. Specifying qualifications in the Bill provides clear and standardized criteria for eligibility in a particular position. This clarity helps both applicants and decision makers understand the minimum requirements for the role. |
| Clause 10 Term of office | The chairperson and members shall serve on part-time basis. The members appointed under section 9(1)(a), (e) and (f) shall hold office for a term of three years and shall be eligible for re-appointment for a further term. The members appointed under section 9(1)(b), (c) and (d) shall hold office during their tenure of office unless removed from office by the appointing authority. | A fixed tenure provides stability to an organization by ensuring continuity in leadership and decision-making. It prevents frequent turnover and the associated disruptions that can occur with frequent changes in personnel. Secondly, individuals with a fixed tenure are accountable for their performance during that period. This accountability leads to increased focus and commitment to achieve the goals and objectives of the Council. Thirdly, knowing when a position will become vacant allows the Council to engage in effective succession planning. It provides an opportunity to identify and groom potential successors. This ensures there’s a smooth transition when the incumbents’ tenure ends. |
| Clause 11 Vacation of office | A member of the Council, other than an ex-officio member, shall cease to be a member of the Council, if the person: a. is unable to perform the functions of the office by reason of mental or physical infirmity; b. is incompetent or has neglected duty; c. is adjudged bankrupt; d. is convicted of a criminal offence and sentenced to a term of imprisonment of more than six months; e. is absent from three consecutive meetings of the Council without good cause; f. resigns in writing by a notice addressed to the Cabinet Secretary; g. dies; or h. is removed from office in accordance with the provisions of the Constitution. Whenever a vacancy arises under section 9(1)(e) and (f), the Cabinet Secretary shall within seven days of such vacancy, notify the respective associations to submit the names of their nominees within fourteen days from the date of receipt of the notification. | The addition of timelines in sub-clause (2) is a good proposal. This proposal ensures that a vacancy in the Council is filled within a prescribed period without delays. |
| Clause 12 Committees of the Council | The Council may establish Committees for the effective performance of its functions under this Act. The Council may co-opt into the membership of a committee established under subsection (1), any person whose knowledge and expertise may be necessary for the effective performance of the functions of the Council. A person co-opted into a Committee under subsection (2), may attend the meetings of the Committee and participate in its deliberations, but shall not vote at such meetings. | The addition of sub-clause (2) is a good proposal. Co-opting allows the Council to bring in individuals with specialised expertise, knowledge or experience that will assist it in performing its functions. This can be valuable when the existing council members lack the required skills or expertise. |
| Clause 14 Registrar of the Council | The Council shall, through an open, transparent and competitive recruitment process, appoint a suitably qualified person to be the Registrar of the Council. A person is qualified for appointment as the Registrar of the Council if the person: a. is a citizen of Kenya; b. holds a degree in social sciences or its equivalent, from a university recognized in Kenya; c. has had at least ten years proven experience at management level; d. has had at least five years experience in sign language proficiency in Kenya; and e. meets the requirements of chapter six of the Constitution. The Registrar shall serve on such terms and conditions as the Council may determine. The Registrar shall hold office for a period not exceeding five years and may be eligible for re appointment for a further and final term of five years. The Registrar shall, in the performance of the functions and duties of the office, be responsible to the Council. The Registrar shall: a. be the Secretary and Chief Executive Officer of the Council; b. be the accounting officer of the Council; c. be responsible for: i. implementing the decisions of the Council regarding all matters relating to the registration and regulation of sign language interpretation; ii. the administration management of the affairs of the Council; iii. day-to-day co-ordination and supervision of the staff of the Council; iv. keeping and maintaining the register of persons registered as sign language interpreters in accordance with this Act; iv. subject to the directions of the Council, make the necessary alterations or corrections in the register; d. perform any other duties as may be assigned by law and the Council. | The addition of sub-clause (1) is a good proposal. This proposal ensures that appointments are done in a fair and transparent manner in accordance with the values and principles set out in the Constitution. |
| Clause 15 Removal of the Registrar from office | The Registrar may be removed from office by the Council in accordance with the terms and condition of service, for: a. inability to perform the functions of the office arising out of physical or mental infirmity; b. gross misconduct or misbehaviour; c. incompetence or negligence of duty; d. violation of the Constitution or any other written law; or e. any other grounds specified in the terms and conditions of service of the Registrar. Where the question of the removal of the Registrar under sub-section (1) arises, the Council shall act in accordance with the principles of fair administrative action prescribed under article 47 of the Constitution and the Fair Administrative Action Act. | We propose the addition of timelines in this clause. This proposal ensures that a vacancy is filled within a prescribed period without delays. |
| Clause 16 Staff of the Council | The Council shall through a competitive and transparent process, employ such officers, agents and other staff as may be necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as the Council may determine in consultation with the Salaries and Remuneration Commission. The staff referred to in subsection (1) may, upon the request of the Council, be seconded by the Public Service Commission to the Council. The Council shall, in the appointment of employees, ensure: a. equalization of opportunity for the deaf community; b. equalization of opportunities for the youth; c. that not more than two thirds of its staff are of the same gender; and d. that the appointment of staff reflects the ethnic and regional diversity of the people of Kenya. | The addition of the Salaries and Remuneration Commission in sub-clause (1) is a good proposal. This proposal will be in line with article 230(4)(a) of the Constitution which gives the Salaries and Remuneration Commission power to set and review the remuneration and benefits of all public officers. Secondly, the inclusion of a fair, transparent and competitive process in sub-clause (1) is a good proposal. This ensures that appointments are done in a fair and transparent manner in accordance with the values and principles set out in the Constitution. |
| Clause 17 Remuneration | The members of the Council shall be paid such remuneration, allowances and disbursements as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission. The Registrar and staff of the Council shall be paid such salary or allowances as shall be determined by the Council in consultation with the Salaries and Remuneration Commission. | The addition of the Salaries and Remuneration Commission in sub-clauses (1) and (2) is a good proposal. This proposal will be in line with article 230(4)(a) of the Constitution which gives the Salaries and Remuneration Commission power to set and review the remuneration and benefits of all public officers. |
| Clause 18 Common seal | The common seal of the Council shall be kept in the custody of the Registrar or such other person as the Council may direct and shall not be used except on the order of the Council. The affixing of the common seal of the Council shall be authenticated by the signature of the chairperson and the Registrar. The Council shall in the absence of either the chairperson or the Registrar, in any particular matter, nominate one member of the Council to authenticate the seal of the Council on behalf of the chairperson or the Registrar. The common seal of the Council when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order by the Council under this section shall be presumed to have been duly given. | A common seal is used to authenticate documents, indicating that they have been formally approved or endorsed by the Council. This clause enhances accountability as a member, employee or agent of the Council can be held liable for actions not done in good faith. |
| Clause 19 Protection from personal liability | A member of the Council or any person working under the instructions of the Council shall not be personally liable for any act done in good faith for the purpose of executing the powers, functions or duties of the Council under the Constitution or this Act. | This clause enhances accountability as a member, employee or agent of the Council can be held liable for actions not done in good faith. |
| PART III - ACCESS AND NON-DISCIRMINATION | ||
| Clause 20 Kenyan Sign Language | The deaf community using sign language shall have the right to use, develop and preserve the Kenyan Sign Language. The Kenyan Sign Language shall, pursuant to article 7(3)(b) of the Constitution, be a language of communication in any public or private forum and shall include the visual and the tactile form of Kenyan Sign Language used and understood by the deaf and deafblind. A public or private entity shall where necessary, provide assistive device and support services including Kenyan Sign Language interpretation services at no costs, to a person who requires access and is availing of, or seeking to access information offered by the entity under this Act or any other written law. The national and county governments shall: a. provide adequate funds for the promotion of Kenyan Sign Language including funding programmes to conduct awareness and training on the use of Kenyan Sign Language; b. take all reasonable measures to promote and encourage the use of basic Kenyan Sign Language among its deaf and hearing employees; c. so far as is reasonably practical, provide sign language interpretation services in offices including during office related activities generally conducted by government agencies and in particular, during public participation and stakeholder consultation engagements on policy matters being initiated by government agencies; and d. create reasonable opportunity for persons who are deaf, hard of hearing or deafblind to be eligible for employment and career progression in the respective government agency. A person who wishes to be provided with the services of a sign language interpreter under subsection (3), shall provide the public or private entity with reasonable notification of his or her intention to use sign language and need for access through a licensed Kenyan Sign Language interpreter. A person shall not engage the services of a sign language interpreter unless the sign language interpreter has been registered and licensed by the Council under this Act. | Mandating public and private entities to provide assistive devices and interpretation services at no cost makes it easier for individuals who are deaf or hard of hearing to access essential services and information, including health, education, legal services and public utilities. This ensures their full participation in everyday life. Secondly, the right to develop and preserve Kenyan Sign Language contributes to the growth and recognition of Kenyan Sign Language as a language. It supports its use in education, legal frameworks, media and public spaces, which helps in the cultural and linguistic preservation of the Deaf community. The addition of sub-clause (3) has the following benefits: a. by creating reasonable opportunities for the deaf, hard of hearing and deafblind individuals to be eligible for employment and career progression within government agencies, the clause promotes inclusion in the workforce. This helps reduce unemployment rates among these groups, ensuring they can contribute to the economy and be self-sufficient. b. encouraging the use of basic Kenyan Sign Language among both deaf and hearing employees fosters a more inclusive and supportive work environment. This can reduce communication barriers and misunderstandings, leading to improved workplace morale, increased productivity and greater collaboration between employees; c. the requirement for national and county governments to provide funding for awareness and training programs for Kenyan Sign Language ensures that more people, including government employees, gain the skills necessary to communicate with deaf and hard of hearing individuals. This helps raise awareness and understanding of the deaf community, ultimately reducing stigma and discrimination; and d. providing sign language interpretation services makes public offices and government services more accessible, reducing communication barriers for deaf individuals. This leads to smoother interactions and helps avoid delays or errors caused by misunderstandings, ensuring that government services are delivered effectively to all citizens. |
| Clause 21 Access to health care services | The Council shall in collaboration with the relevant government agencies, facilitate the development of programmes for the purpose of ensuring that deaf, hard of hearing and deafblind persons have access to the highest attainable standard of health care services. Without prejudice to the generality of subsection (1), a health service provider, shall: a. pursuant to article 43(1)(a) of the Constitution, put in place measures including the provision of Kenyan Sign Language interpretation services at no costs, to ensure that deaf, hard of hearing and deafblind persons have access to the highest attainable standard of health care services; b. ensure that mental health services are accessible to deaf, hard of hearing and deafblind persons in a manner that a deaf or deafblind person is able to receive therapy and counselling services directly through Kenyan Sign Language rather than through an interpreter; and c. ensure that the privacy and dignity of a deaf, hard of hearing and deafblind person, who is seeking health care services in the facility is respected. | This clause ensures that deaf, hard of hearing, and deafblind individuals receive healthcare services that meet their unique needs. With specialized programs in place, communication barriers that often lead to poor diagnosis or treatment are minimized, leading to better health outcomes. |
| Clause 22 Kenyan Sign Language in legal proceedings | Every court, tribunal or body before which proceedings are being conducted shall in any proceedings before it, avail without any costs to the parties, a sign language interpreter if any of the parties to the proceedings is deaf, heard of hearing or deafblind. A party to a person presiding over, or a person representing parties to the proceedings or taking part in legal proceedings in a court, tribunal or other body before which proceedings are being conducted, is entitled to use Kenyan Sign Language in such proceedings. Any person intending to use sign language in any legal proceedings shall give reasonable notice of that intention to the presiding officer, and where such request is made, the presiding officer shall ensure that a licensed interpreter is available to a person requiring the services of a sign language interpreter. A presiding officer in proceedings before a court, tribunal or body before which proceedings are being conducted shall regulate the procedure to be followed when Kenyan Sign Language is used in such legal proceedings, including ascertaining the accuracy of the sign language interpretation. The Chief Justice shall make rules providing for the provision of Kenyan Sign Language interpretation services in legal proceedings. | Providing sign language interpreters in legal proceedings ensures that deaf, hard of hearing and deafblind individuals can fully participate in the judicial process. This guarantees their right to a fair trial and prevents them from being disadvantaged due to communication barriers. |
| Clause 23 Kenyan Sign Language in education | The Cabinet Secretary in the Ministry of Education shall for the purpose of giving effect to article 53(1)(b) of the Constitution: a. so far as is reasonably practical, establish a mechanism for the provision of Kenyan Sign Language lessons to: i. the parents, siblings and grandparents of a child who is deaf, hard of hearing or deafblind; or ii. other persons who serve as guardians to a child who is deaf, hard of hearing or deafblind; b. ensure that deaf learners and learners who are hard of hearing are taught in a manner that they are able to understand and use the dominant language of instruction in the education system; c. ensure development of appropriate instruction materials for the education of deaf learners and learners who are hard of hearing; d. ensure that learning institutions for the deaf and hard of hearing provide formal and non-formal education, skills development and self-reliance for Deaf learners as appropriate; e. ensure that there is a sufficient number of learning institutions offering Kenyan Sign Language training for the deaf, hard of hearing or deafblind children attending public or private schools; f. ensure the provision of education and support services to children who are deaf, hard of hearing or deafblind who are attending accredited schools by determining, from time to time, the minimum placement and qualifications of the teachers of such children; g. ensure that public institutions of higher learning undertake continuous research in the development and use of sign language; h. ensure that Kenyan Sign Language is integrated in the basic education curriculum and is taught to all learners as one of the languages recognized under article 7 of the Constitution; i. ensure that the training and education of teachers offering basic education includes training and education on Kenyan Sign Language and interpretation; j. ensure that Kenyan Sign Language is integrated in early childhood education generally and in particular, that Kenyan Sign Language is taught to the deaf learners and hearing learners in public and private early childhood education centres; and k. ensure that public institutions offering tertiary education shall do all that is reasonable and necessary to provide free interpretation services as may be needed by deaf, hard of hearing and deaf blind. | By ensuring that deaf, hard of hearing and deafblind learners are taught in ways they can understand, this clause promotes an inclusive education system where all children have an equal opportunity to learn and thrive. This includes integrating Kenyan Sign Language into the curriculum and providing appropriate instruction materials. By ensuring that learning institutions provide education in Kenyan Sign Language, deaf and hard of hearing learners can engage with the material in a way that is accessible to them. This reduces communication barriers leading to improved academic performance, retention and overall learning outcomes. Thirdly, the provision requiring teacher training in Kenyan Sign Language and interpretation will increase the number of qualified educators who can effectively teach deaf and hard of hearing students. This ensures that learners receive the highest quality of education from teachers who understand their communication needs. By ensuring the development of appropriate instructional materials tailored for deaf and hard of hearing learners, the curriculum will be more accessible and relevant to their needs. This leads to better comprehension and engagement with educational content. |
| Clause 24 Media services | Television stations shall provide closed captioning and a Kenyan Sign Language inset covering at least one third of the size of the television screen, in all newscasts, educational and national programmes, for the purpose of ensuring equality and respect for human dignity in the promotion and broadcasting of such programmes. Without prejudice to the generality of subsection (1), content on television including content transmitted through the internet shall be made accessible to the deaf, hard of hearing, and deafblind community through the provision of closed captioning and transcripts on all content. | Providing closed captioning and a Kenyan Sign Language inset ensures that deaf, hard of hearing and deafblind individuals have equal access to important information in newscasts, educational programs and national broadcasts. This allows them to stay informed on current events, public health updates and other vital information, just like hearing individuals. |
| Clause 25 Telecommunication services | Telecommunication service providers shall make their services accessible to the deaf, hard of hearing and deafblind community through establishment and provision of relay services, including text relay, video relay, captioned telephone relay and communication facilitators for the deaf, hard of hearing or deafblind. | Relay services like text, video and captioned telephone relay allow deaf, hard of hearing and deafblind individuals to access telecommunication services in ways suited to their communication needs. This promotes inclusivity and allows them to communicate effectively with hearing individuals and service providers. |
| PART IV - REGISTRATION OF SIGN LANGUAGE INTERPRETERS | ||
| Clause 26 Registration | A person who wishes to provide Kenyan Sign Language interpretation services shall apply for registration to the Council in the prescribed manner. The Registrar shall, upon receipt of the application and as soon as is practicable bring every application before the Council for consideration. Where the Council has determined that a person has complied with the provisions of this Act, the person shall be registered and is eligible to provide Kenyan Sign Language interpretation services. The Council may issue a person who has been registered under this Act with such identification document in the prescribed manner, and which shall be valid for such period as the Council may specify. | We propose the addition of timelines in sub-clause (2). This proposal ensures that the Council reviews the application form within a prescribed period without delays. |
| Clause 27 Qualifications for registration | A person is qualified to be registered to provide Kenyan Sign Language interpretation services under this Act, if the person: a. has proficiency in English or Kiswahili languages as contemplated under article 7(1) and (2) of the Constitution; b. possesses such professional qualifications from an institution recognized by the Council; c. has obtained practical experience and skills in Kenyan Sign Language interpretation as may be prescribed by the Council; and d. has successfully passed the continuing professional development examination or such other requirements as may be conducted by the Council, from time to time. | Specifying qualifications in the Bill provides clear and standardised criteria for eligibility in a particular position. This clarity helps both applicants and the Council understand the minimum requirements for the role. |
| Clause 28 Application for registration | A person who meets the requirements under section 27 of this Act, may apply to the Registrar for registration to provide Kenyan Sign Language interpretation services. The application referred to under subsection (1), shall be in the prescribed manner, accompanied with: a. copies of professional and educational certificates; b. such registration fees as may be determined by the Council; and c. any other document as may be necessary to prove qualification for registration. | Requiring applicants to submit professional and educational certificates ensures that only qualified individuals are registered to provide Kenyan Sign Language interpretation services. This helps maintain high professional standards in the Kenyan Sign Language interpretation field. |
| Clause 29 Effect of registration | A person whose name has been entered in the register as a licensed Kenyan Sign Language interpreter, shall, for as long as his or her name remains in the register, be entitled to adopt and use the style and title ‘professional sign language interpreter’. | The title "professional sign language interpreter" recognises the individual's expertise and formal qualifications in the Kenyan Sign Language field. It distinguishes them as having met the required standards for education, training and competency, lending credibility to their work. When an interpreter is recognised as a "professional," clients are more likely to trust and have confidence in their services. The title reassures clients that the interpreter is qualified and capable of providing high-quality interpretation services. |
| Clause 30 Register | The Registrar shall keep and maintain a register in which the name of every person registered by the Council to provide Kenyan Sign Language interpretation services of all the registered sign language interpreters under this Act shall be entered showing: a. the date of the entry in the register; b. the registration number of the person; c. the address of the person registered; d. the nationality of the person; e. the qualifications of the person; and f. such other particulars as the Council 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 sub-section (1). 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. The Registrar shall cause to be published in either electronic or print media, not later than the 30th day of April of every year, particulars of licensed Kenyan Sign Language interpreters duly registered under this Act. A publication made under this subsection (4) shall be prima facie evidence: a. that a person whose name has been entered in the register under this Act is qualified to provide Kenyan Sign Language interpretation services; or b. that a person whose name does not appear in such publication or has been deleted from the register as notified by such publication is not licensed to provide Kenyan Sign Language interpretation services. The Registrar may for a specified duration, and on the recommendations of the Council, remove from the register, any person whose name has been fraudulently entered, or any person: a. convicted of an offence under this Act or any other law and sentenced to imprisonment for a term exceeding six months; b. whose name the Council has directed that it should be removed from the register for breach of the provisions of this Act; c. declared bankrupt; or d. who has failed to satisfy the requirements for the continuing professional development programme for the time being in force. Where the Registrar establishes that an entry has been erroneously or incorrectly entered in the register, the Registrar may correct the error and notify the affected person of such corrections. | The register would serve as a tool for oversight by the Council. By maintaining a record of who is qualified to provide Kenyan Sign Language interpretation services, the Council can regulate the profession and monitor the quality of services provided. |
| Clause 31 Practising certificate | The Registrar shall issue a practicing certificate to a person whose name is entered into the register. A person shall not provide Kenyan Sign Language interpretation services unless, that person has been registered and issued with a practicing certificate under this Act. A practicing certificate issued under subsection (1), shall be valid for a period of one year running from the 1st of January to the 31st of December of each year and may, upon expiry, be renewed on making an application for renewal. A person applying for a practicing certificate under subsection (1), shall be required to submit application in the prescribed form accompanied by certificate of continuing professional development issued by the Council and a prescribed fee | The practising certificate confirms that the interpreter has met the necessary qualifications and training to offer high-quality Kenyan Sign Language services. This guarantees that only individuals with the right skills and knowledge provide Kenyan Sign Language interpretation services. |
| Clause 32 Renewal of practising certificate | A person who holds a practicing certificate may on the expiry of the practicing certificate apply to the Council for a renewal of the certificate. An application made under sub-section (1), shall be accompanied with: a. a declaration in the prescribed form; b. fees for the current practicing period and subject to the approval by the Council, any unpaid fees, including penalties as prescribed by the Council; and c. proof of fulfilment of all applicable conditions for renewal of a certificate. The Council may, with sufficient cause, refuse to issue or renew a certificate and shall communicate the refusal and give reasons for such refusal to the applicant within twenty-one days of making the decision. | By requiring renewal, the Council ensures that interpreters remain capable of delivering high-quality services and stay up to date with any changes in the field, including new sign language terminology or advancements in interpretation techniques. Secondly, renewal allows the Council to review the professional conduct and ethical standards of interpreters before renewing the practising certificate. This promotes accountability, ensuring that interpreters uphold the highest ethical standards in their practice. |
| Clause 33 Suspension and cancellation of a practising certificate | The Council may suspend or cancel a certificate under this Act where: a. allegations of misconduct have been investigated and proven against a sign language interpreter; b. a sign language interpreter has been convicted of an offence under this Act; c. a false declaration was made in an application for a practising certificate; or d. a sign language interpreter has contravened any of the provisions of this Act. The cancellation or suspension of a practising certificate under subsection (1), shall be subject to the principles of fair administrative action prescribed under article 47 of the Constitution and the Fair Administrative Action Act. | We propose that the sign language interpreter is given an opportunity to defend himself before the Council during a hearing. This proposal seeks to give the interpreter an opportunity to respond to the allegations. Further, this proposal aligns the Bill with the principles of a right to fair hearing as outlined in article 50 of the Constitution. |
| Clause 34 Effect of removal of name, suspension or cancellation of a practising certificate | A person whose name has been removed from the register or whose certificate has been suspended or register or cancelled, shall not provide Kenyan Sign Language interpretation services during the period of removal of cancellation of his or her practising certificate. | By preventing unregistered or uncertified individuals from offering Kenyan Sign Language interpretation services, this provision ensures that only those who meet the required professional standards can operate. This safeguards the quality and reliability of Kenyan Sign Language interpretation services provided to the Deaf community. |
| PART V – FINANCIAL PROVISIONS | ||
| Clause 35 Funds of the Council | The funds of the Council shall comprise of: a. monies as may be appropriated by the National Assembly; b. monies as may accrue to or vest in the Council in the course of the exercise of its powers or the performance of its functions under this Act; c. monies as may be payable to the Council pursuant to this Act or any other written law; d. gifts, grants, donations or endowments as may be given to the Council; and e. monies from any other lawful source provided for the Council. All the funds donated, lent or issued to the Council under this Act shall be accounted for and appropriated in accordance with the Public Finance Management Act. | This clause provides the source of funds that the Council will use to fund its activities. |
| Clause 37 Annual estimates | The Council shall within three months before the commencement of the financial year, cause to be prepared estimates of its revenue and expenditure for that financial year. The annual estimates shall make provision for all estimated expenditure of the Council for the financial year concerned, and in particular shall provide for the: a. payment of salaries, allowances and other charges in respect of the staff of the Council; b. the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Council; c. the proper maintenance of buildings and grounds of the Council; d. the acquisition, maintenance, repair replacement of the equipment and other movable property of the Council; or e. the creation of such reserve funds to meet future contingent liabilities in respect of retirement benefits, insurance or replacement of buildings equipment or in respect of such other matters as the Council may consider appropriate. | Annual estimates determine how much money is allocated to the Council by the National Assembly. |
| Clause 38 Accounts and audit | The Council shall cause to be kept all proper books and records of accounts of its income, expenditure, assets and liabilities. Within three months at the end of each financial year, the Council shall submit to the National Assembly, the audited accounts of the Council together with: a. a statement of income and expenditure of the Council during the year; and b. a statement of the assets and liabilities of the Council on the last day of that year. The accounts of the Council shall be audited and reported upon in accordance with the provisions of the Public Audit Act. | This clause ensures that monies allocated to the Council can be tracked and easily accounted for. |
| PART VI - MISCELLANEOUS PROVISIONS | ||
| Clause 40 Subscriptions | Subject to the provisions of this Act, every registered sign language interpreter shall pay to the Council such subscription fee as the Council may prescribe. | Subscription fees provide a steady source of revenue for the Council, enabling it to fund its various activities and programs. This financial support is crucial for maintaining the Council’s operations and fulfilling its mandate. |
| Clause 42 Redress | A person aggrieved by a decision of the Council in the performance of its functions under this Act, may, pursuant to Article 165(6) of the Constitution, make an application to the High Court for redress within thirty days from the date the decision was made. | We propose that a person who is dissatisfied with the Council’s decision may appeal to the High Court. This proposal seeks to provide legal redress to a person who is dissatisfied with the Council’s decision. The use of an application as a redress mechanism is therefore unnecessary. |
| Clause 43 Unaccredited institutions | An educational institution that is not accredited under any written law or that has not been granted a charter shall not offer or teach courses in Kenyan Sign Language interpretation. An institution that offers or teaches courses in Kenyan Sign Language interpretation contrary to sub-section (1) commits an offence and the proprietor, director or manager of such institution shall be liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both. | By requiring accreditation, this provision ensures that only institutions that meet specific educational standards are allowed to teach Kenyan Sign Language interpretation courses. This leads to a higher quality of education and training for aspiring interpreters. Secondly, accredited institutions are more likely to offer curricula that are relevant, comprehensive and up to date, ensuring that students acquire the necessary skills and knowledge to succeed in the field. |
| Clause 44 Offences | A person who: a. without lawful justification fails or refuses to comply with the direction of the Council; b. obstructs or hinders the Council in the exercise of its powers under this Act; c. furnishes information or makes a statement to the Council which he or she knows to be false or misleading in any matter; or d. when appearing before the Council or any of its committees, for examination, makes a statement which he knows to be false or misleading in any material particular, commits an offence. A person convicted of an offence under this section shall be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding one year or both. A person who is convicted of an offence under sub-section (2) shall be liable, for any subsequent offence, to a fine not exceeding two million shillings, or to imprisonment for a term not exceeding three years, or to both. | This clause acts as a deterrence in ensuring that a person complies with the provisions of the Bill. |
| Clause 45 Practice without a valid certificate | A person who engages in practice or charges a professional fee without a valid certificate under this Act commits an offence and shall be liable, on conviction, to a fine not exceeding two million shillings, or to imprisonment for a term not exceeding three years, or to both. | By requiring a valid practising certificate, this provision ensures that only qualified individuals are allowed to provide Kenyan Sign Language interpretation services. This enhances the overall competence and skill level within the profession, leading to better service delivery. |
| PART VIII - GENERAL PROVISIONS | ||
| Clause 47 General penalty | A person who contravenes any of the provisions of this Act commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings or to an imprisonment term not exceeding one year or to both. | A general penalty clause acts as a deterrent in discouraging individuals from engaging in activities that violate the Bill. The potential for a penalty provides a strong incentive for compliance with the Bill’s provisions. |
| Clause 49 Transitional provisions | A person operating as a sign language interpreter before the commencement of this Act, shall, within ninety days of the commencement of this Act, formalize his or her registration with the Council. Within twelve months after the enactment of this Act, all persons providing Kenyan Sign Language interpretation services and who have not undertaken the prescribed courses shall undertake any of the courses prescribed by the Council to be eligible for registration a s a sign language interpreter under this Act. | Transitional provisions facilitate a smooth transition from one legal framework to another by providing guidance on how to apply the new law to situations that arose under the old law. This helps prevent disruptions to individuals, businesses and institutions affected by the change. |
| Important comment to consider | We propose that the Bill is withdrawn and harmonised with the Kenya Sign Language Bill 2023 (“the 2023 Bill”). | Currently, both the Bill and the 2023 Bill have been tabled before Parliament. This proposal seeks to remedy the over-legislation issue present. |