Domestic law and international law

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In Kenya, domestic law generally takes precedence over international law. This principle is enshrined in the Constitution of Kenya, which states that the Constitution is the supreme law of the country and that any law or act that is inconsistent with it is void.

Article 48 of the Constitution of Kenya explicitly states: "If there is a conflict between any law and the Constitution, the Constitution shall prevail." This means that even if Kenya is a party to an international treaty or agreement, if that treaty or agreement conflicts with the Constitution, the Constitution will take precedence.

However, there are some exceptions to this general rule. Kenya is a member of the international community and is bound by certain international obligations. In cases where Kenya has ratified an international treaty, the treaty may be directly applicable within domestic law if it is self-executing. A self-executing treaty is one that can be enforced directly by Kenyan courts without the need for implementing legislation.

In summary, while domestic law generally prevails in Kenya, there are instances where international law can be directly applicable. The supremacy of domestic law is rooted in the Constitution and is a fundamental principle of the Kenyan legal system.

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