Knowledge and Understanding of International Law by Security Forces: a Case Study of the Kenya National Police Service

Abstract

The enactment of Kenya’s new constitution in 2010 brought with it several changes to Kenya’s legal environment one of the monumental changes are contained in article 2(5) which states that the “the general rules of international law shall form part of the constitution”. And Article 2(6) also goes on to state that “any treaty or convention ratified by Kenya shall form part of the law of Kenya under this constitution “The law of Kenya similarly states that the chief goal of the Kenya police service is the maintenance of law and order this research thus seeks to inquire into whether the Kenyan police are aware of the existence of this international laws ratified by Kenya and whether they are able to handle matters relating to this laws in the performance of their duty. This research looks into the way the Kenya police has interacted with one such law that is the Rome statute. The research also delves into the police education curriculum and makes the discovery that little emphasis is made on imparting knowledge on international law.Finally the research relies on primary data from about 50 respondents stationed in Vihiga County. The research comes with the conclusion that most police officers are not aware of the existence of international laws ratified in Kenya and are consequently not equipped to handle such matters. The research makes appropriate recommendations on how this state of affairs can be remedied.