Publication

Kenya’s Regional and International Human Rights Obligations

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The Constitution of Kenya provides that all international laws, treaties and conventions, among other instruments which Kenya has ratified, form part of Kenya's laws. Kenya has thus emerged from what has popularly been called a „domestication regime‟, to adopt an "incorporationist regime‟ where all international obligations are binding. In the same breadth, Kenya, through the National Assembly, has enacted the Treaty Making and Ratification Act (No. 45 of 2012) This legislation is meant to give effect to the provisions of Article 2(6) of the Constitution, and to lay out the procedure for the making and ratification of treaties. Generally, international obligations are grouped into three: obligation to respect, obligation to protect, and obligation to fulfill.
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