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"id": 289344,
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"content": "On the basis of his point of order and on the face of the record, I similarly have not found that I can agree with Dr. Khalwale that the amendments proposed to the Industrial Court Act, 2011, are unconstitutional. The reasoning will largely be the same. Dr. Khalwale correctly observed that the Industrial Court Act is the court established by Parliament pursuant to Article 162 of the Constitution. Parliament can amend this statute from time to time as becomes appropriate, that is, that Parliament can amend the Industrial Court Act because it is a statute from time to time. You do not require a constitutional amendment to do that. While I agree that the provisions of Article 2(6) of the Constitution provide that any treaty or convention ratified by Kenya shall form part of the law of Kenya under the Constitution, this must not be construed to mean that such a treaty or convention overrides the Constitution itself."
}