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{
    "id": 509419,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/509419/?format=api",
    "text_counter": 160,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Thank you, hon. Temporary Deputy Speaker. It is good to see you back in the House. We missed you for sometime including in my Committee and we still want to express our heartfelt condolences to your family. I rise to support this Motion. This Motion is very important; this arises out of the promulgation of the new Constitution that was passed in 2010. Previously it was not necessary for the Executive, as the Leader of Majority Party has clearly stated, to report to the National Assembly on matters attached to international development, particularly on international treaty making. As a consequence of the passage of the new Constitution, this House did pass a law on treaty making and ratification which obligates the Executive to bring every treaty they have signed and ratified into this House for purposes of enacting a law in support of that treaty. This country in the past has always adopted a dualist approach in terms of domestication of international law. Unfortunately, looking at the Constitution, Article 2(5) states that the general rules of international law shall form part of the law of Kenya. In sub-article (6) it states that any treaty or convention ratified by Kenya shall form part of the law of Kenya under the Constitution. It appears that the Constitution has adopted a modest approach in terms of domestication of international law, so that what is brought to this House has automatically become law by the mere fact that the Executive has signed and ratified that law. So, what we are sitting to do is purely a formality; to inform Kenyans of the existence of international obligations that Kenya has participated in. It is important that the Executive, particularly the President who has brought this; and this being the first report under the new constitutional dispensation, informs the people’s representative of what obligation Kenya has entered into with other states. As you know, the only way of regulating conduct of states is through treaties and conventions. For purposes of ensuring that we have a good international order, states sign The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}