4.1: Introduction
This chapter will focus on the presentation of the data collected using written questionnaires, personal observations and interviews with different stakeholders at Machakos Subordinate Courts. The order is that the quantitative analysis is firstly presented with reference to the research questions. Qualitative data is presented thereafter. Therefore, this chapter presents both the descriptive and analytic results of the study. The descriptive results avail information on social economic and demographic characteristics of the population such as gender, educational level, their mother tongue and their age. Presented also in this chapter are variables on language needs, language uses, language preferences and language policy in subordinate courts.
On the quantitative analysis, the IBM Statistical Package for Social Science (SPSS version 24) was used. The correlation analysis used was for two major purposes, first to identify the presence of co-linearity which is a condition for using parametric techniques, and secondly, to explore relationships between independent and dependent variables. Qualitative analysis used mainly narration form. Magistrates and court clerks were subjected to interviews. Their views according to what they see, hear, perceive and feel about language use, language needs and language preferences during court proceedings were collected. The researcher‟s audio-recorded data and the field notes made were presented in narration form with excerpts from conversations.
4.2: Data Presentation
4.2.1: Responses from the Questionnaire Table 4: Survey responses rate
Respondents Number of Questionnaires Number Returned Response Rate (%) Civil servants 22 22 100 Non-Civil servants 9 9 100 Students 13 13 100 Total 44 44 100 Source: Researcher (2017)
A total of 44 out of 44 respondents from three categories in Machakos County within Machakos Law Courts completed and returned the questionnaires. This represented an overall of 100% return rate from civil servants, non-civil servants and students. These categories are a reconstruction of the main categories of defendants and defence counsels, witnesses, and members of the public. The reconstruction was done to enable the analysis of their language use patterns against their demographic profile. They were all subjected to the same questionnaire. The 100% return rate was because the questionnaires were given to people that had come to the premises for a case, and once they were gone, they were not easily traceable. They therefore promised to fill in the questionnaires before leaving. This information in the data collection process is summarised in Table 1.The responses received are likely to have been affected by several factors, among them literacy, time availability, the format and length of instrument, the type of questions, the mood of recipients, among many others.
4.2.1.1: Section A: Demographic characteristics of respondents
The findings in Table 2 indicated that 50% of the respondents were civil servants, while 20.5 % were non-civil servants and 29.5% were students. Demographic characteristics of respondents relating to gender, age, level of education, where they were brought up, and their mother tongue are reported below.
Table 5: Demographic profile of the respondents Factors Descriptors Respondents Total Civil servants Non-civil servants Students N % N % n % N % Gender Male 19 43.2 8 18.2 6 13.6 33 75.0 Female 3 6.8 1 2.3 7 15.9 11 25.0
Age group 19 – 27 years 4 9.1 4 9.1 13 29.5 21 47.7
28 – 36 years 6 13.6 4 9.1 - - 10 22.7 37 – 45 years 6 13.6 1 2.3 - - 7 15.9 46 – 54 years 3 6.8 - - - - 3 6.8 55 – 63 years 2 4.5 - - - - 2 4.5 64 and more 1 2.3 - - - - 1 2.3 Education level
Never went to school - - - -
Primary school drop-out 1 2.3 2 4.5 - - 3 6.8
Completed primary school 1 2.3 - - 4 9.1 5 11.4
Secondary school drop-out - - 1 2.3 - - 1 2.3
Completed secondary school 7 15.9 2 4.5 7 15.9 16 36.4
Tertiary level 13 29.5 4 9.1 2 4.5 19 43.2 Brought up In town – urban 4 9.1 1 2.3 5 11.4 10 22.7 In village – rural 18 40.9 8 18.2 8 18.2 34 77.3 Mother tongue Kikamba 14 31.8 7 15.9 10 22.7 31 70.5 Abaluhya 5 11.4 - - 1 2.3 6 13.6 Gusii 1 2.3 1 2.3 - - 2 4.5 Kalenjin 1 2.3 - - 1 2.3 2 4.5 Kikuyu - - 1 2.3 1 2.3 2 4.5 Maasai 1 2.3 - - - - 1 2.3 Overall 22 50.0 9 20.5 13 29.5 44 100.0
Source: Field data, 2017.
In terms of gender of the participating respondents, 75% of the survey sample comprised of males (n =33), while females made up 25 % of the sample (n =11).
The largest percentage of respondents in the present sample was in the 19-27-year-old range, making 47.7 % ( n =21) of the survey sample. 9.1 % (n = 4) were civil servants working in the court or elsewhere, and the other four 9.1% (n = 4) were not in civil employment (employed and paid by the government). 29.5% were students. This category may have had challenges in the use
of the official languages as well as their mother tongues despite being young. Some could not express themselves in English or Kiswahili, but Sheng‟ and code-mixing. Others did not have proficiency and competence in their mother tongues because they could not respond when the researcher switched to mother tongues. The researcher had to keep explaining the questions, and in different languages. The next two categories, 28-36, 37-45 years ranges were the working class. 13.6% in each category were in civil employment while 9.1% and 2.3% respectively were non-civil servants. 6.8% of the 46-54years, 4.5% of the 55-63 years and 2.3% of the 64 years and above were civil servants. The majority of those in civil employment worked in the court, and were therefore complacent with the language of the court and competent in all the three languages: their mother tongue, English and Kiswahili.
The table on the percentages of respondents at each level of education shows that the majority of them, nineteen (43.2 %) hold tertiary level certification. Thirteen (29.5%) are civil servants, most of them working in court, and so they are conversant with the language used in courts. Four (9.1%) non-civil servants use language to their discretion, while the rest, two (4.5%) are still students and likely to use language to their discretion during a court proceeding. Sixteen (36.4%) of the respondents reported that they had completed secondary school. Seven of them (15.9%) were civil servants working in courts, while two (4.5%) worked elsewhere. Seven (15.9%) of these were college students. Five (11.4%) had completed primary school, one (2.3%) had been employed by the court as a court cleaner, while four (9.1%) were still secondary school students who were in court premises as accused persons, witnesses, or accompanied their relatives. Only three (6.8%) had dropped out in primary school and one (2.3%) had dropped out in secondary school. One (2.3%) among those that dropped out in primary school was employed by the court as a messenger, while two (4.5%) worked elsewhere. The secondary school drop-out worked elsewhere as well. The school drop-outs were competent in their mother tongues and attempted speaking Kiswahili.
Most of the participants, thirty four (77.3%) reported that they were brought up in a rural, village setup, while ten (22.7%) reported that they were brought up in urban, town setup. Out of those that were brought up in the rural setup, eighteen (40.9%) were civil servants, eight (18.2%) were
those participants that have been brought up in the village. Those from the township were fewer, just four (9.1%) and were civil servants, one (2.3%) was a non-civil servant, while five (4.5%) were students. The rural areas contributed more members to subordinate courts in towns than the town people themselves; 77.3% compared to 22.7%, rural and urban areas, respectively.
The majority of participants, thirty one (70.5%) reported that their mother tongue was Kikamba. Those that spoke Luhya were six (13.6%). Gusii, Kalenjin and Kikuyu had equal number, two (4.5%).One participant (2.3%) reported that their mother tongue was Maasai. Most of the Kamba respondents fourteen (31.8%) worked as civil servants in the court, seven (15.9%) worked elsewhere, while ten of them (22.7%) were students. Five (11.4%) of the luyiahs worked in the court, and one (2.3%) was a student. One (2.3%) of the Kisii worked in the court and the other elsewhere. One (2.3%) of the Kalenjins and the Maasai worked in the court, while the other Kalenjin and a Kikuyu were students. The other Kikuyu was a non-civil servant.
4.2.1.2: Section B: Language use in Subordinate Courts
Question 2.1: How do you speak the language(s) you know? (You do not speak it at all, you