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== Why Kenya Must Obey International Law ==
== Why Kenyans Must Obey International Law ==
1. 📝 Constitutional Obligation (Article 2(5) & 2(6))
 
=== 📝 Constitutional Obligation (Article 2(5) & 2(6)) ===
Under the Constitution of Kenya (2010):
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(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.
* ''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.
✅ This means that international law is not optional — it is part of Kenyan law and enforceable in Kenyan courts.


2. 🤝 Ratification of Treaties and Conventions
=== 🤝 Ratification of Treaties and Conventions ===
Kenya has voluntarily signed and ratified key international treaties, including:
Kenya has voluntarily signed and ratified key international treaties, including:


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


Convention Against Torture (CAT)
✅ Once ratified, Kenya is legally bound to respect, protect, and fulfill the rights enshrined in these instruments.


African Charter on Human and Peoples’ Rights
=== 📝 Important international law sections and articles===


UN Convention on the Rights of the Child
* [[ UN Code of Conduct for Law Enforcement Officials (1979)| UN Code of Conduct for Law Enforcement Officials (1979)]]
 
* [[ Universal Declaration of Human Rights (UDHR)| Universal Declaration of Human Rights (UDHR)]]
Rome Statute of the International Criminal Court
* [[ UN Code of Conduct for Law Enforcement Officials (1979)|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 Comment No. 36 (2018) – Article 6 of the ICCPR (Right to Life)]]
✅ Once ratified, Kenya is legally bound to respect, protect, and fulfill the rights enshrined in these instruments.
* [[ UN General Assembly Resolution 68/167 – The Right to Privacy in the Digital Age (2013)| 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 Special Rapporteur Reports (especially on extrajudicial, summary or arbitrary executions)]]
* [[ UN Human Rights Council Resolution 25/38 – Protection of Human Rights in Protests (2014)|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)| 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)]]

Latest revision as of 01:31, 27 July 2025

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:

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

📝 Important international law sections and articles

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