International Law

Why Kenyans Must Obey International Law

📝 Constitutional Obligation (Article 2(5) & 2(6))

Under the Constitution of Kenya (2010):

• Article 2(5) – The general rules of international law shall form part of the law of Kenya.
• Article 2(6) – Any treaty or convention ratified by Kenya shall form part of the law of Kenya.

✅ This means that international law is not optional — it is part of Kenyan law and enforceable in Kenyan courts.

🤝 Ratification of Treaties and Conventions

Kenya has voluntarily signed and ratified key international treaties, including:

• International Covenant on Civil and Political Rights (ICCPR)
• Convention Against Torture (CAT)
• African Charter on Human and Peoples’ Rights
• UN Convention on the Rights of the Child
• Rome Statute of the International Criminal Court

✅ Once ratified, Kenya is legally bound to respect, protect, and fulfill the rights enshrined in these instruments.

📝 Important international law sections and articles

• UN Code of Conduct for Law Enforcement Officials (1979)
• Universal Declaration of Human Rights (UDHR)
• UN Code of Conduct for Law Enforcement Officials (1979)
• UN General Comment No. 36 (2018) – Article 6 of the ICCPR (Right to Life)
• UN General Assembly Resolution 68/167 – The Right to Privacy in the Digital Age (2013)
• UN Special Rapporteur Reports (especially on extrajudicial, summary or arbitrary executions)
• UN Human Rights Council Resolution 25/38 – Protection of Human Rights in Protests (2014)
• United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)
• ICCPR Article 9 – Liberty and Security of Person
• Convention Against Torture (CAT) & ICCPR – Freedom from Torture
• ICCPR Article 21 & ACHPR Article 11 - Freedom of Peaceful Assembly
• International Convention for the Protection of All Persons from Enforced Disappearance
• Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)