7th December 2009

Committee of Experts on Constitutional Review Delta House, Next To Caltex Petrol Station, Waiyaki Way, Westlands P.O. Box 8703 00200 Nairobi, Tel: 020 444 3214/15/16 252 7152, Fax: 020 444 3211,
Honerable Members of the Committee of Experts on Constitutional Review, Ref: INSERTION OF KENYAN SIGN LANGUAGE INTO THE KENYAN CONSTITUTION

On behalf of the Deaf community in Kenya, the Kenya National Association of the Deaf KNAD a non-governmental organization registered in 1987 with the government of Kenya under the Registrar of Societies Act of 1968 rule 4 representing approximately 600-800,000 Deaf people in Kenya; I address this to the honourable commissioners and members of the Committee of Experts (CoE) to raise attention to the importance of inserting Kenyan Sign Language KSL into the new Constitution of Kenya, which is currently being reviewed by the public and commented on by all Kenyans. It is estimated that Kenyan Sign Language (KSL) is the first and preferred language of between 600-800,000 people in the Kenya. The Kenyan Deaf community consists of individuals who come from ALL the 42 tribes of Kenya and are united by a common language KSL, a shared culture, tradition and history; KSL is fundamental to their self-esteem and social well being. Deaf Kenyans regardless of tribe, gender or religion uses KSL as a medium of communication and for official transaction of business, school, religious activities and social interactions. KNAD believes that official recognition of KSL would bring clear benefits to many thousands of Deaf people in terms of improved access to information and essential services. Recognition would also promote better knowledge and understanding of the language in society as a whole and formally acknowledge the status of KSL as one of Kenya's second most widely used indigenous national languages second to Kiswahili. As a country we have already made a significant commitment to protect the rights and improve services of the Kenyan Deaf people by the enactment of the Persons with Disabilities Act of 2003, Kenya has also ratifying the UN Convention on the Rights of Persons with Disabilities on 18th May 2008. The

UN Convention on the Rights of Persons with Disabilities recognizes and secures Deaf peoples linguistic rights. The most significant achievement for Deaf people is that article 2 which defines sign languages as national languages, more to say, they are considered equal to spoken national languages. The key to the achievement of Deaf peoples basic rights in Kenya is to respect the right to use Kenyan Sign Language. To promote this right, KNAD strongly encourages the honourable members of the CoE to recognise KSL as national language and Deaf peoples linguistic rights this will guarantee access to services such as education, interpretation, information and employment for deaf citizens and to promote KSL and Deaf culture. KNAD strongly believes that to recognize Kenyan Sign Language under the Harmonized Draft Constitution, specifying it as one of the national and official languages to which 600 800,000 Kenyans use in their everyday lives in their homes, churches, mosques, schools, in commerce, in courts, meetings, social events and official business it will uphold our national values and principles of Chapter 3 of the draft will promote the participation of the Kenyan Deaf people in public affairs, to share in the devolution of power and ensuring full participation of the Deaf - men, women, youth and children persons with disabilities, a marginalized socio-linguistic minority community in the political, social and economic life of the nation of Kenya. KNAD therefore recommends that the Harmonized Draft Constitution be amended as follows: I. Chapter 2 Section 9 - Languages and Modes of Communication i. The national language of the Republic is Kiswahili and Kenyan Sign Language (KSL). ii. The official languages of the Republic are Kiswahili, Kenyan Sign Language (KSL) and English. iii. The State shall respect, promote and protect the diversity of language of the people of Kenya and shall promote the development and use of indigenous languages including Kenyan Sign Language (KSL). iv. The State shall promote the development and use of Kenyan Sign Language (KSL), Braille and Tactile for the Deaf-Blind; and appropriate modes of communication for persons with disabilities. 2. Chapter 6 Section 43 -Persons living with disabilities (d) use of Kenyan Sign Language (KSL), Braille, Tactile, Interpreters and other appropriate means of communication for persons with disabilities. 3. Chapter 11 Legislature - 144. Official languages of Parliament

 The official languages of Parliament shall be Kiswahili,

English and Kenyan Sign Language (KSL) and the business of Parliament may be conducted in either English or Kiswahili and Kenyan Sign Language (KSL).

Insertion of Kenyan Sign Language into the Constitution as cited above, would be a remarkable achievement towards the principles set forth in the Convention and a great boost to local legislations that have attempted to address the alienation and marginalization of the Deaf Kenyans a sociolinguistic minority/marginalized community in Kenya. Such recognition would also be acknowledged and hailed throughout Kenya, East Africa region and worldwide. Therefore, KNAD urges the CoE, Kenyan government to continue to involve the Kenyan Deaf people in the current Constitution drafting process as it has done in the past and to take carefully into account the comments and views on the use of Kenyan Sign Language. KNAD has the best expertise and knowledge in the use of Kenyan sign language and is the representative organisation of the national signers, thus, we should not be left out from any legislative process that affects our lives. In this letter we have included comprehensive documentation from various stakeholders detailing their expert opinions, suggestions, comments and support for the position taken by KNAD. KNAD on behalf of the Deaf community in Kenya would like to welcome the CoE, constitutional experts and commissioners to review this letter and documentation provided and engages the Deaf community in Kenya in dialogue on the provisions highlighted above. Finally the Kenyan Deaf community and the disability fraternity commend the members of the Committee of Experts for the work they have done so far and delight in the provisions on persons with disabilities that are well drafted and represent the aspirations and values of the persons with disabilities living in Kenya. It is our supplication that the Committee of Experts will consider these proposals and entrench them in the constitution for the benefit of posterity to live and enjoy the liberties of our nation without barriers, marginalization or exclusion. Yours sincerely,

National Chairman, Kenya National Association of the Deaf - KNAD

Attached:

I.

A Case for the Official Recognition of Kenyan Sign Language (KSL) - A paper by the Constitutional Technical Working Group of the KNAD . KSL a National Language of the Deaf in Kenya A Paper by Prof. Okoth Okombo, University of Nairobi. A letter of support from the Chief Executive Officer, United Disabled People of Kenya - UDPK A letter of Support from Markku Jokinen, the President World Federation of the Deaf WFD. Signatures of KNAD members who attended a forum to discuss and make recommendations to the CoE on the harmonized draft constitution.

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