Visit to a blind student's school🧑🦯🧑🦯(community medicine)
From Dualism - monism
1. Diagram showing distribution of specific articles of the Kenyan
constitution that support local law as well as affirm our
commitment to international law
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)
2. 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
3. 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.
4. Legislature v Executive
Arena: 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.
5. Instances of dualism’s
methodology of
transformation
Transformation involves clothing them
domestically by making them part of the
countries statutes
For instance,