International Law: Difference between revisions
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Under the Constitution of Kenya (2010): | Under the Constitution of Kenya (2010): | ||
* ''Article 2(5)'' – | * ''Article 2(5)'' – The general rules of international law shall form part of the law of Kenya. | ||
* ''Article 2(6)'' – | * ''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. | ||
Revision as of 23:55, 19 July 2025
Why Kenya Must Obey International Law
1. 📝 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.
2. 🤝 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.