Local Law prevails – 2(6)

Both – 50(2)(n),145(1),

150(1),152(6), 181

International law commitment-

2(5), 21(4) 51 (3) (b)

Diagram showing distribution of specific articles of the Kenyan constitution that support local law as well as affirm our commitment to international law

Motivations behind Kenya’s commitment to international law

International pressure Keep up with the spirit of

international Unity Universality of some laws Escape from local despotic rule To affirm our strategic position in

East African Politics

Kenya’s treaty practice in the 1963-2010 Constitution

On ad hoc basis(not predictable , not possible to know our ultimate stand.

Parliamentary action was not required for permissive treaties ratified that were consistent with the law in force.

Treaties that required an act or omission not expressly provided or authorized by the Law in force required an act of parliament to give it effect

Treaties that contained provisions that were not catered for by the law in force required an Act of parliament to give effect to such a treaty.

Legislature v ExecutiveArena: Treaty Domain

Executive did not need permission to ratify treaties but the legislature made amendments to other laws of Kenya to make them conform to the treaty.

It was a corrupted dualist system where the executive ratified laws to show Kenya’s commitment to international law but the Legislature amended and conformed this laws to ‘suit’ local conditions.

Instances of dualism’s methodology of transformation Transformation involves clothing

them domestically by making them part of the countries statutes

For instance,

Vienna Convention on

Diplomatic relations

Transformation

Privileges and immunities Act

Geneva Conventions

Transformation

Geneva Conventions

Act of parliament in

Kenya