Kenya: Our Continued Membership of the ICC is Against the New Constitution

24 December 2010
opinion

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.

...

AllAfrica publishes around 400 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.