This document discusses Kenya's commitment to both local and international law under its 2010 Constitution. It notes that some articles support local law prevailing (Article 2(6)), while others affirm Kenya's commitment to international law (Articles 2(5), 21(4), 51(3)(b)). Motivations for this commitment included international pressure, unity, and escaping despotic local rule. Under the 1963 Constitution, treaty practice occurred on an ad hoc basis, with parliamentary action not required for permissive treaties. However, treaties requiring acts not authorized by local law, or containing provisions not catered for locally, did require Acts of Parliament. While the executive could ratify treaties, the legislature amended laws to conform them to treat

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,

6. Vienna Convention
on Diplomatic
relations
Transformation
Privileges and
immunities Act

7. Geneva
Conventions
Transformation
Geneva
Conventions Act
of parliament in
Kenya