Enforcement of Interpreters’ Legal Duty for Effective Refugee Status Determination in Kenya

Abstract

This study seeks to find out whether adequate enforcement of interpreters‟ legal duty in RSD would improve the quality of interpretation in Kenya. Section 12 of the Refugee Regulations outlines the need for interpreters. Interpretation in Kenya is a constitutional right. However, previous studies show that interpreters are largely untrained. The study has four objectives: To assess the importance of interpreter‟s legal duty for effective refugee status determination. Evaluate the attributes of an effective interpreter. Further, to examine the various mechanisms of adequate enforcement of the law with regard to interpreters‟ legal duty of effective interpretation in refugee status determination. Finally, to identify the various proposals that Kenya can adopt in order to improve on the refugee status determination process. The study aimed at linking poor performance of interpreters to inadequate enforcement of laws. The research sought to answer the questions on the importance of interpreters‟ legal duty, requirements for effective interpretation, the mechanisms that can be used for adequate enforcement of the law and proposals which can be adopted by Kenya in order to improve the RSD process. To respond to the questions, the study carried out both primary and secondary research. The problem the study sought to address is why there is inadequate enforcement of the law with regard to interpretation despite the statutory provision. The findings of the study were: there are no set standards on interpretation in Kenya. The current minimum qualification for interpreters is knowledge of two languages. Interpretation directly affects the decision by the refugee determination officers. Training of interpreters would improve the standard of interpretation. However, training is just one aspect among others. The study revealed that inadequate number of trained interpreters is one of the causes of inadequate enforcement of the law. Further, Kenya and Africa at large is highly multilingual. The main recommendations were: training and certification be expected as the minimum standard for all interpreters. An official database of all trained interpreters should be maintained at the central place. In addition, a consortium of interpreters should be established at National level. Asylum seekers should be sensitized on the importance of effective interpretation. There is need for evaluation of interpreters‟ performance. Finally, other enforcement mechanisms should be utilized to ensure interpreters carry out their duty successfully.