UCHANGANUZI WA ATHARI ZA UTAMADUNI WA LUGHA KATIKA TAFSIRI NA UKALIMANI WA KESI ZA MAHAKAMA: HALI HALISI KAUNTI YA VIHIGA

Abstract

Language and culture are aspects that are intertwined and cannot be separated. Language is used as a means of communication in courtroom, among the plaintiffs, the complainants and witnesses to various cases as well as lawyers and magistrates. Vihiga county has multilingualism in different Luhya dialects. Hence, the importance of having translation and interpretation during different court case proceedings. The statement of the problem is, even though other studies have been done elsewhere, there was need to carry out an investigation on how language culture affect translation and interpretation of cases in Vihiga courts. This study thus, identified this gap and aimed at investigating, how language culture of Tiriki and Maragoli dialects affect translation and interpretation of cases in Vihiga courts.This research was guided by the following three objectives; to examine how culture of the Maragoli and Tiriki dialects affect courtroom translation and interpretation of cases; to examine equivalence in translation and interpretation of cases in courts and to examine the strategies used in translation and interpretation of cases in the courts. This study was guided by Sociolinguistics theory propounded by Labov and improved by Nida. Equivalence Theory that was propounded by Vinay & Darbelnet and improved by various scholars such as: House, Cartford, Pym, Hani and others was also used. The research adopted a case study method. This was a field study carried out in the two law courts found in Vihiga County. That is, Vihiga and Hamisi law courts. Target population in this study was, all cases that required translation and interpretation in Maragoli and Tiriki dialects until a point of saturation is attained, in Vihiga law courts. Therefore, saturated sample was used. Purposive sampling technique was used while the data was collected through observation, analysis of court documents and interviews. In order to achieve reliability and validity of research instruments, a pilot study was carried out at Kakamega Law Courts. The data that was collected, was presented in form of explanations, tables and quoting of the respondents’ statements basing on the objectives of the study. The findings revealed that, when cultural words of the Maragoli and Tiriki dialects are omitted during translation and interpretation, the target language is disadvantaged by not standing a chance to gain new vocabulary. When the translators and interpreters are forced to utter taboo words, they are denied the opportunity to save their faces. Therefore, the findings of this study revealed that, there are effects on translation and interpretation of cases based on Maragoli and Tiriki dialects culture.The findings also revealed that, it was impossible to have full equivalence in translation and interpretation in courtroom cases. The study also discovered that different translation and interpretation strategies were used during the process of translation and interpretation in court cases. The findings will enrinch the field of courtroom translation, interpretation and applied linguistics as it will illustrate how translation and interpretation of various discourses is done.