Deaf People in Kenya’s Courts: Communication Barriers in the Criminal Justice System

Abstract The rights of Deaf persons need to be respected in order to prevent discrimination and ensure equality in Kenya’s criminal courts. Inclusive communication in the country’s criminal justice system is key and can only occur when information that is passed and received is understood by both the Deaf and hearing parties. The aim of this article is to determine how Deaf people can be supported and accommodated in order to ensure their effective participation at all levels of Kenya’s criminal justice system. With the backdrop of the Convention on the Rights of Persons with Disabilities, the author contends that the State has an obligation to put in place reasonable accommodation and other accessibility measures that go beyond the provision of mere sign language interpretation, if the right to participation of Deaf witnesses is to be fully realized in the country’s criminal justice system.