Nairobi — Article 1 of the Constitution states, "All sovereign power belongs to the people of Kenya" and shall be exercised... through the Executive, the Legislature, and the Judiciary. In 2(1), the Constitution is the supreme law. In 2(4), "Any law... that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid."
Even though in 2(5) "the general rules of international law shall form part of the law of Kenya," 2(6) is categorical that, "Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution." Meaning, such treaties or conventions are not part of the Constitution, and are also null and void if they contradict the Constitution.
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