APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA 71 Under the 1963 Constitution, Kenya was a dualist state, in which international treaties were not considered as part of the law of Kenya and therefore could not be directly applied by the courts, tribunals or administrative authorities in the absence of domestic legislation. Both executive and legislative actions were required before international treaties could take effect. The executive power in this regard was exercised through the Ministry of Foreign Affairs and the Department of Treaties in the Office of the Attorney General, with the president signing only the final documents. Domestication of international instruments occurred through a legislative process, whereby Parliament created new law or amended existing law to comply with international treaties. 72. Article 2 (5-6) of the Constitution of Kenya 2010, provides that ‘the general rules of international law shall form part of the law of Kenya’ and that ‘any treaty or convention ratified by Kenya shall form part of the law of Kenya under this constitution.’ The provision suggests that those international instruments are still subservient to the Constitution, and Parliament continues to play a key role prior to ratification of any treaty or convention. This process ensures public participation in treaty ratification. As at 2016, verifiable figures showed that the number had gone up to 137. Of these, those verified as having been ratified are 63. Figure 1 gives pictorial comparison of standards and codes ratified and not ratified. Figure 1: Ratification Status of Standards and Codes Not Ratified 54% Ratified 46% Sources: Second Kenya Self-Assessment Report and Ministry of Foreign Affairs, Mimeo, November 2016 73. While more than half of such international instruments were yet to be ratified as at November 2016, GoK has put in place at the legal, policy and institutional levels, the latter including the National Commission on Human Rights (KNCHR), mechanisms to create awareness of the standards and codes and relevant national laws, monitor compliance and provide oversight on human rights protection. Additional steps have been taken to enhance the capacity of such stakeholders as the private sector and civil society organisations to monitor the implementation of relevant international instruments and domestic legislation. Cross-cutting themes such as gender, youth, and disability are mainstreamed in public sector service delivery. | 75 |