An evaluation of Kenya’s parallel legal regime on refugees, and the courts’ guarantee of their rights

Abstract

The Constitution of the Republic of Kenya 2010 (Constitution) provides that general rules of international law such as customary international law form part of the laws of Kenya.1 Articles 2(5) and (6) provides that “[t]he general rules of international law shall form part of the law of Kenya...Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.”