Language management in relation to language needs, uses and preferences in subordinate courts : a case study of Machakos County

Abstract

This study was an exploration of how language is managed in the subordinate courts of Machakos County in Kenya. It was an investigation into the language policy used in the courts, and whether the languages serve the needs, uses and preferences of the people. Language use in Kenya is constitutional (The Constitution of Kenya, 2010).The national language of the Republic of Kenya is Kiswahili and its official languages are English and Kiswahili. The constitution shall protect and promote indigenous languages of the people of Kenya. The constitution further indicates that there shall be general provisions to the Bill of Rights, fundamental freedoms, and that the authority of courts shall uphold and enforce the Bill of Rights. (The Kenya Constitution, 2010, (Cap 4, entitled “The Bill of Rights” has subcategories ranging from Part 1 to Part 5. Part 1 elaborates on general provisions relating to the Bill of Rights, Part 2 on Rights and fundamental freedoms, Part 3 on specific application of Rights, Part 4 on state of emergency and Part 5 on Kenya National Human Rights and Equality Commission). The study attempts to establish whether or not the subordinate courts adhere to these provisions, which policy makers need to adhere to. This research further explores solutions to the problem of communication during court proceedings. Its aim was to advance scientific information that would inform the formulation of a more accommodating language policy in Subordinate Courts. The background information and the history of the courts language gave an overview of how language in subordinate courts is used according to various scholars. The evaluation of how language is used during court proceedings shed light on the people‟s language needs, uses and preferences.