From the Hands to the Eye; the Role of Kenya Sign Language in Realization of the Right to Access to Justice for the Deaf Community in Kenya

Abstract

Access to justice is a fundamental right, as well as a prerequisite for the protection of all other human rights. Access to justice is a broad concept, encompassing people’s effective access to the formal and informal systems, procedures, information, and locations used in the administration of justice. Persons with disabilities often find themselves marginalized by society and by our justice systems. The study seeks to improve access to justice for persons living with disabilities in particular the deaf. The Deaf must not only be knowledgeable concerning relevant laws and regulations, but they must be able to interact effectively on a personal and professional level with persons who can make use of the vocal-auditory channel for communication. The study examines how Kenya's sign language as an official language in Kenya can be used to support the right to access to justice and to provide suggestions regarding additional ways in which Kenya's sign language could be employed in our judicial system. The lack of information and communication on a country’s normative framework or national laws makes it difficult for deaf peoples to access meaningful justice. This study appraises the legal and policy landscape concerning access to justice for the deaf in Kenya and especially the role of numerous individuals that participate in the justice system.