Comments on: The Kadhi Courts: How Opportunists Polarize A Nation

By: Abdi Billow

Abdi Billow — Wed, 18 Aug 2010 21:58:15 +0000

Well written. Kenyans should unite … not on the basis of their clan or religion, but only as kenyans. Sad to find such emails written by enemies of the state circulating around. I am not worried about such nonesense. What am worried about is that a few of us are gullible enough to swallow this hate. Keep up the good work M.

By: Safariant

Safariant — Sat, 07 Aug 2010 03:08:56 +0000

This sounds a lot like what was and is circulating and being said in the US about President Obama. There are a lot of otherwise normal people who are scared out of their wits because of him and the reallt scary thing is that most of them have made up their minds and can’t be talked out of this nonsense (i.e. the birthers movement). May God have mercy on the reasonable folks!

By: Rasta Vybes

Rasta Vybes — Wed, 28 Jul 2010 05:35:03 +0000

alot of qstns but less answers here, but its kinda simple …. were are scared to face sum real hard truths bkoz we fear to polarise dis country … an we will suffer for ever bkoz of dat fear!!

truth is, unless our hands get dirty, we’ll never be clean … lets stop burying our heads in the sand an hope dis will all go away

By: Filipe Resende

Filipe Resende — Fri, 16 Jul 2010 08:58:26 +0000

Just a questions on all this nonsense: under section 66.4 of the current constitution the jurisdiction of kadhi’s courts are restrained to the former Protectorate. It reads:
“(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi
and such of the other Kadhis (not being less than three in number) as may be prescribed by or under an Act of Parliament, shall each be empowered to hold a Kadhi’s court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed.”

Now the Kadhi’s Courts Act 2008 Chapter 11 revised edition changed it following 66.3 of actual constitution, which asked the Parlament to rule on the matter of Kadhi’s Courts in the country. In the above mentioned Kadhi’s Courts Act 2008 Ch 11 number 4.2 the Parlament decided to enlarge the jurisdiction of the Kadhi’s Courts to all Provinces.
Now my question is: Did they ask Kenyans if they were in agreement in such unfair and unethic decision? What the MPs did was just to introduce Kadhi’s Courts jurisdiction allover Kenya, changing the original and still actual constitution number 66.4 based on powers given to them on 66.3! Conclusion: They wrote something that seems to us good in 66.4 following what was there before. But they made sure to include a loop whole under 66.3 in order to do as they please. And this is just the waay the actual proposed draft constitution has been written… with lots os just loop wholes in order that they do as they please!
Shame on you! Vote NO and rewrite a fair and just constitution!

By: Kenyan Nomad

Kenyan Nomad — Thu, 10 Jun 2010 07:40:36 +0000

Thank you for saying NO to hate. I did link up your response here to an article in my blog.

By: bob

bob — Wed, 26 May 2010 09:18:18 +0000

Let us put the record straight here. The draft that has been published and which you will be voting for is not hidden anywhere and you dont need to be a lawyer to understand it. To see a copy go to capitalfm web site or standard newspaper and on the right hand side column you will see a blinking link. Click on it and you will download the genuine and final draft.

Here is the link-http://www.standardmedia.co.ke/InsidePage.php?id=2000010177&cid=4&story=Kadhi%20courts%20firestorm

AND HERE IS THE SECTION IN QUESTION (PAGE 111 OF 206)

Subordinate courts
169. (1) The subordinate courts are—
(a) the Magistrates courts;
(b) the Kadhis’ courts;
(c) the Courts Martial; and
(d) any other court or local tribunal as may be established
by an Act of Parliament, other than the courts
established as required by Article 162(2).
(2) Parliament shall enact legislation conferring jurisdiction,
functions and powers on the courts established under clause (1).

Kadhis’ Courts

170. (1) There shall be a Chief Kadhi and such number, being not
fewer than three, of other Kadhis as may be prescribed under
an Act of Parliament.

(2) A person shall not be qualified to be appointed to hold or act
in the office of Kadhi unless the person—
(a) professes the Muslim religion; and
(b) possesses such knowledge of the Muslim law applicable
to any sects of Muslims as qualifies the person, in the
opinion of the Judicial Service Commission, to hold a
Kadhi’s court.

(3) Parliament shall establish Kadhis’ courts, each of which shall
have the jurisdiction and powers conferred on it by
legislation, subject to clause (5).

(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and
such of the other Kadhis (not being fewer than three in
number) as may be prescribed under an Act of Parliament,
shall each be empowered to hold a Kadhi’s court having
jurisdiction within Kenya.

(5) The jurisdiction of a Kadhis’ court shall be limited to the
determination of questions of Muslim law relating to personal
status, marriage, divorce or inheritance in proceedings in
which all the parties profess the Muslim religion and submit
to the jurisdiction of the Kadhi’s courts.

Let me not be technical on this.

If you understand English you will note that Kadhi courts are going to be legislated by Parliament. In other words the constitution only gives it a right to exist and boundaries/jurisdiction to operate in family and marriage matters.

It does not say that a muslim who steals your money will go to Kadhi court.So those christians with so much money and vision should save their energy until after the new constitution is enacted then they can take their fight to parliament TO ENSURE that the bill of Parliament that will determine powers and functions of Kadhis fits their whims and fears.

I dont want to add more.

On the question of muslims and their fear or lack of fear. I have no problem with muslims getting rich or positions in Kenya. The greatest danger in Kenya posed by muslims is of the same weight as that posed by illegal sudanese, congolese and others. The greatest danger in terms of security is the undocumented illegal Somali muslims who are settling Kenya in large numbers.

These ones s we have seen in Eastleigh will be a problem in future just as they are a problem in Europe today. It is not their problem though, it is the problem of the christian presidents who have refused to come up with proper and fool proof birth registration and the same christians who corruptly stole money meant for the forensic and biometric registration of persons. So as a christian blame the illegal immigration on your brothers in parliament and at Nyayo house.

I am a christian.

By: Mahakama za kadhi afrika mashariki:influence of sultanate of zanzibar

Mahakama za kadhi afrika mashariki:influence of sultanate of zanzibar — Mon, 24 May 2010 20:46:56 +0000

[...] ccm …akiongelea influence ya zanzibar kabla ya mapinduzi!!!!! references:

The Kadhi Courts: How Opportunists Polarize A Nation | tHiNkEr'S rOoM 14 Apr 2010 … Here we have a very clever attempt to influence the mind of the reader. … That [...]

By: eve

eve — Fri, 07 May 2010 13:07:23 +0000

this is defining time and Kenyans have given a chance to prove that Kenya to prove that we are 80 percent Christians,it all come into our constitution after obama taking over, and just to remind politicians we are not choosing between to wrongs and who said we will remain with the current one after the no wins?are the committee of experts going to die?whats is the hurry if we all know what we are doing , or is anyone hurrying for something he was promised?are we just writing the constitution for 2012?oh please noooooooooooo kenyan wake up and stop listening to greedy mps?kudos to church leaders we are behind u and keep up the information , we are getting more people who now know what kadthi courts mean and they are ready to vote no even if someone put a gun on them, we are praying for our country and NO WILL TAKE THE DAY, OUR GOD IS GREAT AND ALIFE WATCH THE SPACE

By: Ramadhan Kipruto

Ramadhan Kipruto — Wed, 28 Apr 2010 07:15:36 +0000

In 07-08 we witnessed what will remain imprinted in our minds for a long time to come. The courses of these mad scenes never witnessed before are well known to many. Instead of their senseless battles against the Kadhi’s Courts, and their never ending debates on when life begins, I challenge the X-tian clergy to emulate X-tians of goodwill such as the rational retired Rev. Timothy Njoya who literally fought for change in this country, and address the core issues such as tribalism, and stop tying to bring religious sectarianism to spice up tribalism that already exist among our people. They should also call to mind that as the rest of Kenya burned in 07-08, Muslim areas remained relatively calm with no reported cases of Mosques going up in flames because such and such tribe worship there and voted for the “wrong” candidate!!!!

By: Asder

Asder — Tue, 27 Apr 2010 09:17:07 +0000

First you are wrong that Kadhi’s courts are operating legally outside the 10 mile coastal strip. Section 66 (4) of the Constitution is clear on this and states;

(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being less than three in number) as may be prescribed by or under an Act of Parliament, shall each be empowered to hold a Kadhi’s court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed:
Provided that no part of the former Protectorate shall be outside the jurisdiction of some Kadhi’s court.

The former protectorate is the 10 mile coastal strip this is made clear in the agreement of 8th october 1963 between the UK, Kenya and Zanzibar ( at page 3).

At law school, Kenyan Advocates in training are taught as a matter of course that the anomoly of Kadhi’s courts operating Unconstitutionally is an example of how the letter of the law being trumped by the spirit of the constitution.

secondly, while i agree that most of this email is utter dross, very serious questions about the nature of the repulic, the secular status of the constitution and issues of national cohesion and citizen identity must be addressed as we debate the kadhi’s issue