The Kenyan Sign Language Bill2023 Senate Bill no9 of 2023

REPUBLICOFKENYA

PARLIAMENT

SENATEBILLS

(Bill No. 9 of 2023)

THE KENYAN SIGN LANGUAGE BILL, 2023

(A Bill published in the Kenya Gazette SupplementNo. 21 of 28th February, 2023 and passed by the Senate, with amendments, on Wednesday, 21" February, 2024.

Clause

• 1- Short title.

• 2—Interpretation.

• 3-- Objects.

• 4—- Recognition.

• 5-- Role of the National and county governments.

• 6— Use of sign language in legal proceedings.

• 7—Educational support for deaf learncrs.

• 8-—- Curriculum development.

• 9 —- Standards, accreditation and procedures.

• 10—Registration of sign language interpreters.

• 11 -- Registrar.

• 12 ——- Register of sign language interpreters.

• 13—Certificate of registration.

• 14 -— Inspection of register.

• 15 —-Code of conduct.

• 16-— Sign language at the workplace.

• 17—Promotion ofKenyan signlanguage.

• 18 ——— Action plan.

• 19 -— Regulations.

THE KENYANSIGNLANGUAGE BILL,2023

ARRANGEMENTOFCLAUSES

THEKENYANSIGNLANGUAGEBILL,2023

A Bill for

ANACTof Parliament togiveeffecttoArticle7(3)(b)of the Constitution on thepromotion and devclopment of thc use ofKenyan Sign language; to give cffect to Article 54(1)(d); to provide for the use of sign language in legal proceedings; and for connected purposes.

ENACTEDby theParliamcnt of Kenya,as follows-

Short title.

Interpretation.

Cap 133.

1.This Act may be cited as the Kenyan Sign Language Act, 2023.

2.In thisAct--

"Cabinet Secretary" mcans the Cabinet Secretary responsible for matters relating to education;

"Council"mcans the National Council for Persons with Disabilitiesestablishedundersection3ofthePersonswith Disabilities Act;

"deaf community"" means a socio-linguistical cultural group who use Kenyan Sign Language in their cveryday communications andas anative ormother tongue,first or preferred language;

"deaf culture" means the way deaf people interact and includes a sct of social beliefs,behaviours,art,literary traditions,history, values and shared institutions of communities that are influenced by deafness;

"KenyanSign Language" means sign language used by thedcafcommunityandincludesothertypesoflanguage like Kenyan Signed English,pidgin, cued speech, contact sign language for the deaf blind and other sign languagc based medium of communication as may cmerge from time to time tomeet unique needs of the deaf community;

"public university" means a university established and maintained out of publicfunds;

• Cap 211. "relevant public authority" mcans an cntity established by the Constitution, an Act of Parliament or any other law; and

"sign language" means a system of communication, both visual or tactile,as the case may be,by manual signs or symbols includingbodymovement.

Objects.

• 3.The objects of this Bill are to-
• (a) ensure that persons who are deaf or hard of hearing integrate into society;
• (b)protect andpromote therighttojustice and fair administration actionwithrespect topersonswho are deaf and hard of hearing
• ()promote access toqualitycducationbylearners who are deaf or hard of hearing;
• (d) provide for the training, recognition and regulation of sign language interpreters;
• (e)promoteaccesstopublicservicesbydeaf persons;
• (f)promote the inclusion and diversity inthe 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.

Recognition. 4. (1) TheKenyanSign Language is the language used by the deaf or hard of hearing in Kenya for expressing Role of the National and county governments.

Use of sign language in legal proceedings.

themselves and communicatingwith others.

(2)Thcdeaf communityinKenya shall have the right to use and preserve Kenyan Sign Language.

5.Thenationalgovernmentandcountygovernments whenexercisingtheir powers and functionsunder the Constitution or any other written law shall, so far as is reasonablypractical,cnsure that-

• (a)members of the deafcommunity are consulted 1on all mattersrelatedtothe development, use and promotion KenyanSign Language;
• (b)KenyanSignLanguageisusedinthe promotiontothepublicofgovernment services and in the provision of information to the public;
• (c)allpublicbodiesshall do all that is reasonable and necessary to provide free intcrprctation in the Kenyan Sign Language to those who whollyrelyonittoaccessstatutory entitlementsor services providedbythat public body;
• (d) informationrclating topublic services shall bemade accessible to thedeaf community throughtheuseofappropriatemcans including Kenyan Sign Language.

6.(1)A person whose first or preferred language is the Kenyan Sign Language is entitled to use theKenyan Sign Language where the person is-

• (a) member of a court,tribunal or bodybefore which proceedings are being conducted;
• (b) is a party or witness in a legal procecding;
• (c)is an Advocate of the High Court of Kenya representing a partyin proccedings;or

Educational supportfor deaf learners.

• (d) is given leave by the judicial officer to use Kenyan Sign Language.

(2) A judicial officer in a legal procecding shall ensure that a competent andrecognizedinterpreteris available to a person entitled under subsection(l) to use Kenyan Sign Language.

(3)Thejudicial officer shall make a determination as to theaccuracy of anyinterpretationfrom theKenyanSign Language into spoken or written language or from spoken to written language into the KenyanSign Language.

(4) Any person intending to use sign language in any legalproceedingmayberequiredunder anyregulations made under this Act or any other written law,give rcasonable 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.

• (5)Any suchfailuremaywarrant an awardof costs as per any regulations,rules of court or any other appropriate written rules of procedure,but noperson maybe denied the right to use KenyanSign Language in any legal proceedings becauseofanysuchfailure.
• 7.The Cabinet Secrctary for education shall-
• (a) ensure that deaf learners and learners who are hard of hearing are taught in a manner which they areabletounderstandandusethedominant language of instruction in the cducation system;
• (b) ensurc that teachers of deaf childrenassist learners to acquire sufficient competence in the use of the English and Kiswahili language including ensuring thatKenyanSign Language is taught in sign form and not written form;
• ()ensure development of supportiveinstructional materialsfortheeducationofdeaflearnersand lcarners who are hard of hearing;
• (d) set aside adequate funds for the development of

cducationalmaterials fordeaflearnersand learners who are hard of hearing;

• (e)ensure thatKenyanSignLanguage in digital form contains inscription in standard English as a mediumofinstruction;
• (f)ensure that educational institutions for the deaf provide formal and non-formal education,skills development and sclf-reliancefor deaf learners as appropriate;
• (g) ensure that institutions offering teaching training offer, as part of their curriculum,courses on KenyanSign Language and interpretation;
• (h) ensurethattherearcsufficientnumberof placementsfortcachersofchildrenwho aredeaf or hard of hearing andwho are attending public schools;
• (i)establishaschemefortheprovision of KenyanSign Language classes to-
• (i) the parents, siblings and grandparents of a childwhoisdeaf;and
• (ii) othcr persons who may serve as a guardian or primarycaregiverto achildwhois dcaf or hard of hearing; and
• (i)cnsure that there are adequate reading materials intheEnglish andKiswahili languagesfor the educational support of, and that are accessible,by membersofthedeafcommunity.

Curriculum 8. (1) The Kcnya Institute Curriculum deveclopment. Cap 2i1A.

Development cstablishcdunder section3of theKenya Institute for Curriculum Development Act shall develop, review and approve appropriate programmes, curricula and curriculum supportmaterials forlearncrswho are deaf and hard of hcaring.

• (2) Notwithstanding the provisions of subsection (1),

Standards, accreditation and procedures. Cap 496A.

Registration of sign language interpreters.

theInstitute shall carryout a comprehensive assessment and review of the programmes,curricula and curriculum support programmes andinstructional materialsfor learnerswhoare deaf and hard of hearing.

(3) In carrying out the review and assessment under subsection (2),the Institute shall invite and collaborate authorstosubmitpublishedworksrelevanttothecurriculum for deaf learners for purposes of inclusion as curriculum support materials.

(4)The Institute shall, one year aftcr the commencement of this Act, prepare and transmit to Parliament a report of the review carried out under subsection (1).

9.(1) The Cabinet Secretary shall,in consultation with theKenyaAccreditationService establishedunder section4 oftheKenyaAccreditationActandmembersofthedeaf community,develop a national system of standards, accreditation and procedures for Kenyan Sign Language interpretation.

• (2) For purposes of subsection (1), the Cabinet Secretary shall --

2. (a)regulate the provision of Kenyan Sign Language interpretation; 3. (b)establish additionalprocedures and criteria for registration of Kenyan Sign Language interpreters; 4. (c)establish and maintain a register of Kenyan Sign Language interpreters; and 5. (d)determine the education, training and qualifications required for a person to be registered as aKenyan Sign Language interpreter.

10.(1) A person who wishes to provide Kenyan Sign Language interpretation services shall applyforregistration by theMinistryresponsibleformattersrelating toeducation inaccordancewithsuchcriteriaandproceduresasmaybe Registrar.

Register of sign language interpreters.

Certificateof prescribed by the CabinetSecretary.

(2)An application under subscction (1) shall be made in a form prcscribcd in Regulations by the Cabinet Sccretary.

11. (1) The Cabinet Secretary shall designate a public officerwithin theMinistry as theregistrar ofKenyan sign languageinterpreters.

(2) A person shall be nominated as a registrar under subsection (1) if that person --

• (a) is a citizen of Kenya;
• (b)holds a degree in social sciences or its cquivalent from a university recognized in Kenya;
• (c)has at least five years experience in Kenyan Sign Language proficiency; and
• (d)meets the requirements of Chapter Six of the Constitution.

12.(l) The registrar shall keep and maintain a register in which the name of every person registered by the Cabinet Secrctary toprovide signlanguageinterprctation services shall be cntered showing-

• (a)the date of the cntry 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 mayprescribe.

(2)Apersonwhosenameis cntered in thercgisterunder subsection (1) shall inform the registrar of any changes in the particulars set out under subsection (1).

• 13.(l) The registrar shall issue a certificate of

• registration. registration to a person whose name is enteredinto the

register.

(2)Where the name of a person is removed from the register,theregistrar shall givenotice tothatperson,orifthe person is dead, to that person's legal personal representative, requiring surrender of the certificate of registration to the registrar.

(3)A certificate of registration issued by theregistrar shall bevalid and shall remain inforcefor oneyear.

14. A person may, during normal office hours and on payment of the prescribed fee, inspect the register and any documentrelatingtoanentryandmayobtainfromthe registrar a copy or extractfrom theregister of any such document.

15.(1) 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.

(2) The code published under subsection (1) shall act as a guide for the provision of quality sign language interprctationservices.

(3)A person who contravenes the provisions of thc codeunder subsection(1) mayberemovedfrom thercgistcr of sign language interpreters.

16. (1) The National and county governments shall- 2. (a) takeallreasonablemcasurestopromoteand encourage the use of basic KenyanSign Language among its deafandhearing employees; 3. (b) set aside adequate funds for the promotionof KenyanSign Language including funding activities tocelebrate andpromote awareness of the language; 4. (c) conduct awareness and training seminars on the use

Inspection of register.

Code of conduct.

Signlanguage atthe workplace.

Promotionof KenyanSign Language.

Action plan.

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 affairsandactivitiesconductedbygovernment agencies;and
• (e)subsidize the acquisition of hearing aids and other ancillary services to the deaf community.

(2)An employer shall crcate reasonable opportunity forpersonswho aredeaf orhardof hearingtobe eligiblefor cmploymentinthercspectiveorganizationandshall promotethecarcerprogrcssionofsuchcmployees.

• 17.(1) The national and county government shall take all necessary steps to propagate sign language competency amonghearingpeoplebyofferingsignlanguageasa language subject in the mainstream curriculum.
• (2)Kcnyan Sign Languagc shall be offered as a disciplineof studyattechnicalandvocationaltraining institutions, public colleges and centres and public universities.
• (3)Public institutions of higher lcarning shall undertakecontinuousresearchin theuseanddevelopment of sign language.

18.(1) The Cabinct Secretary shall,in consultation withthemostrepresentativeregisteredassociationforthe Deaf,National Council forPersonswithDisabilities and the Council of CountyGovcrnors develop a Kenyan Sign Languageactionplan twelvemonthsupon the commencementofthisAct.

(2)A plandeveloped under subsection(l)shall include-

• (a)an assessment of the accessibility of National and countygovernment servicesbymembers of the

Regulations.

Deaf community; and

• b) a statement on the actionsproposed tobe taken by National and county governments so as to take intoconsiderationthe needs of the Deaf communityin delivery of services.

19. The Cabinet Secretary may make Regulations for the better carrying out of the provisions of this Act.

I certify that this printed impression is a true copy of the Bill as passed by the Senate on Wednesday, 21" February,2024.

Endorsedfor presentation totheNationalAssemblyin accordancewith the provisionsofstandingorder161of theSenateStandingOrders.

SpeakeroftheSenate

PRINTEDBYTHECLERKOFTHESENATE