County Assemblies to Debate in Vernacular?

Kakamega County, the second largest county in the country by population, (after Nairobi) seems to be at the frontline in the fight for devolution lately (remember recent demonstrations and attempts to evict the PC to make way for governor as well as statements by its senator elect that there are schemes to scuttle devolution). Now the Speaker of Kakamega County Assembly has suggested that adopting Luhya language as an official language (in addition to English and Kiswahili) in debates. Is this a good thing? What would be its constitutionality?

There are a number of relevant provisions to consider. The Constitution recognises English and Kiswahili as national languages (art 7), but protects the right to culture (see art 11, which obligates the state to promote all forms of cultural expression. In art 27, it prohibits discrimination on several grounds, including culture. For its part, article 44 which says a person has the right to use his/her language in community with members of that community. Art 120 provides that Parliament to conduct business in English, Kiswahili and Kenyan sign language. Art 238 obligates security organs to respect culture of communities within Kenya.

Section 18 of the County Government Act of 2012 establishes similarly established English, Kiswahili and Sign Language as official languages of county governments. It however adds that 'the business of the county assembly may be conducted in [these languages]. The use of permissive may, suggests, at first blush that local languages can be used where it is practical to do so. However, s 18(2) states categorically that 'No business of the county assembly or any of its committees or other organs may be conducted or transacted in a language other than the official languages'.

Is there a case for changing the law to allow the conduct of business in a language other than English, Kiswahili and Kenyan Sign Language? And how practical is it to use local languages to conduct the business of county governments, anyway? Using Luhya in Kakamega could work (at least for this Assembly), what about Nairobi? Or Nakuru? Even in Kakamega where all elected county reps speak Luhya (albeit a mix of dialects), would this not exclude non-Luhya staff of the county? Members of the public who come to follow proceedings? Access to the Hansard of the County Assembly for the broader public would pose problems. So far, reactions from professionals in the county have been mixed with some supportingml the proposal. Share your thoughts.