The legal implications of article 2(6) of the constitution of Kenya 2010

Abstract

Prior to the promulgation of its 2010 Constitution, Kenya followed the dualist system in domesticating the treaties it ratified. Article 2(6) of the 2010 Constitution now incorporates into Kenyan law all treaties ratified by Kenya. This thesis examines what informed that change and the legal implications of that provision read together with the Ratification of Treaties Bill. It concludes that besides the switch from being a dualist to a hybrid system incorporating both dualist and monist aspects of domesticating treaties, Kenya is going to subject to public scrutiny and parliamentary approval all treaties it is party to including military alliances which may have security implications. Along with approval for ratification, Kenyan Parliament will legislatively domesticate treaties that it ratifies. Any ratified but undomesticated treaties or portions thereof will be justiciable. Despite delays that will be occasioned by the ratification process, the change will interrogate the implications treaties will have on Kenya before they are ratified and engender accountability.