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"id": 926043,
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"type": "speech",
"speaker_name": "Hon. Speaker",
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"content": "I think my direct answer to that would be you look at the treaty and ratification law so that you can appreciate what ratification means. This is because the House is not involved in the process of making a treaty, but if it ratifies then it means it is not just a rubber stamp. I think this is particularly more important because this aspect forms part of Article 2 of the Constitution dealing with the supremacy of the Constitution and specifically Clause 6 which states as follows: “(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.” Ratification is done by this House even in as much as others feel they should be involved. But, for now this is a function of this House. So, in ratifying is the House expected to just rubber stamp? I do not think that is conceivable of any House of Parliament worth its salt. Once you ratify, it becomes part of the law of Kenya and it is important. In fact, those going around talking about doing something about this Constitution should look at some of these things because Article 2(5) of the Constitution states: “(5) The general rules of international law shall form part of the law of Kenya”. It emphasises the word “general”. It is put in the article dealing with the supremacy of the Constitution. I think there is a lot that needs to be dealt with but I think once the Report is back on the Floor of the House, perhaps, The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}