Some aspects of treaty practice in Kenya

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Periodical article

Title:	Some aspects of treaty practice in Kenya
Authors:	Mwagiru, M. Hunja, R.R.
Year:	1990
Periodical:	Lesotho Law Journal: A Journal of Law and Development (ISSN 0255-6472)
Volume:	6
Issue:	2
Pages:	7-22
Language:	English
Notes:	biblio. refs.
Geographic terms:	Kenya East Africa
Subjects:	international agreements law
Abstract:	The negotiation and conclusion of international treaties is one of the most solemn manifestations of the sovereignty of the State. Therefore, it is necessary that the treaty practice of States be coherent and easily understood. Unfortunately, neither the general law of treaties nor State practice encourage the view that this state of affairs generally prevails. This paper first examines the constitutional and historical basis of Kenyan treaty practice. The second section examines current treaty practice in Kenya. It first considers the authority to negotiate treaties and the coordination between ministries, especially in the preparation of negotiating briefs. Then it looks at the role of the Cabinet and of Parliament in the conclusion of agreements, and at the lack of consensus in Kenya on how to approach the expression of consent to be bound by bilateral treaties. The third section contains suggestions for reform in Kenyan treaty law and practice, especially as it concerns the expression of consent to be bound by, and entry into force of treaties. Notes, ref.