Knowledge and Understanding of International Law by Security Forces: a Case Study of the Kenya National Police Service
Abstract
The enactment of Kenya’s new constitution in 2010 brought with it several changes
to Kenya’s legal environment one of the monumental changes are contained in
article 2(5) which states that the “the general rules of international law shall form
part of the constitution”. And Article 2(6) also goes on to state that “any treaty or
convention ratified by Kenya shall form part of the law of Kenya under this
constitution “The law of Kenya similarly states that the chief goal of the Kenya
police service is the maintenance of law and order this research thus seeks to
inquire into whether the Kenyan police are aware of the existence of this
international laws ratified by Kenya and whether they are able to handle matters
relating to this laws in the performance of their duty. This research looks into the
way the Kenya police has interacted with one such law that is the Rome statute. The
research also delves into the police education curriculum and makes the discovery
that little emphasis is made on imparting knowledge on international law.Finally the research relies on primary data from about 50 respondents stationed in Vihiga
County. The research comes with the conclusion that most police officers are not
aware of the existence of international laws ratified in Kenya and are consequently
not equipped to handle such matters. The research makes appropriate
recommendations on how this state of affairs can be remedied.
Publisher
University of Nairobi