Dear Kenyans
Now I can speak my mind. The road has terminated into the sea and no one knows what is yonder. Kenyan members of Parliament have gimmicked for personal and non personal interests and the verdict simply put is “We are confused”. Like Jesus said, “Father forgive them for they do not know what they are doing”, so do I.
First, my main bone of contention is in Chapter ten entitled “THE JUDICIARY” and part 3 where we have the “SURBODINATE COURT AND THE KADHI’S COURT” and KADHI’s court is further given prominence. The statements under the judiciary lacks a broader statement of purpose that could have made the requirements for establishment of other courts irrelevant.
As seen in the United States constitution, the judiciary is defined by a broader statement. Here it is
“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects”.
The description of the judiciary purpose under the Kenyan constitution is vague at best and when that happens then we end up confused and add things that basically will strangle our society in the near future. The reason for the existence of these other courts including the Kadhi courts then appear as if they are absolutely necessary and yet they are not.
It now appears ladies and gentlemen that we as Kenyans absolutely need Kadhi’s court and hence will have to pay for their services and yet this is absolutely not true. If we are creating Kenya as a secular society then the laws of Kenya should not prescribe to religion or tradition but to the nation in such away that it caters to individual rights not religious laws.
When we are creating a constitution then we must ask tough questions. Is Kadhi’s court absolutely necessary? Can we have a constitution without it? If so then it must be removed. What do these courts cater for that the Kenyan court cannot?
Many will state that people who ask these questions are simply Christian fundamentalists who are bent on trampling on the rights of the Muslims and I disagree. The rights of Muslims, Christians and traditionalists are catered for in the right to freedom of religion and association. The reason for creation of Kadhi courts is as confusion as those who decided to insert them here. It will cause problems in Kenyan very very soon because it puts the passion of other religious groups into question and wakes up the old rivalry between Christianity and Islam. This is not a Kenyan problem. It should not be dragged into Kenya under the disguise of a new constitution.
If Muslims want to marry many wives and the supreme court does not have that provision then what should be discussed is whether Kenyans would like a constitution that gives freedom to marrying many wives. Kenyan people should be given an opportunity to decide if they want to include a whole religious law just because the religion practices something that contravenes the law of the land.
I refuse to accept the Kadhi courts section because it recognises Islam and refuses to recognise Christianity. It is like recognising gay rights and ignoring heterosexual rights. You cannot fail to recognise the majority but do so to the minority and yet claim that you are a government of by the people and for the people. Practicing Islam as a religion is a civil rights issue but entrenching Islamic law/Sheria law/Kadhi courts in the constitution is not a civil rights issue. It is fundamentalism introduced through the backdoor first in the 1960’s leadership wrangles and now through the struggle for the votes of Muslims at the Kenyan coast in 2012. It is absurd that our legislatures are using this section to inflict a guilt consciousness into the minds of Christians. In my view Christians should demand the removal of this section from the constitution. It as simple as including all or removing all. I was hoping that all Christians boycott voting for this draft.
I totally disagree with those who say that this law does not affect Christians and hence they should not worry about it. First, detailed description of things this court will and will not do is at best left vague in the constitution. It is totally uninformed about the Quran / Sheria stipulation that will be the driving engine of the Kadhi’s courts. A Christian who burns a mosque will soon be subjected to a death sentence by Kadhi’s court while it could be just a jail sentence if no lives are involved when the decision is left to Kenyan court system. The Christian will be subjected to Sheria law in this constitution. Fatua will be declared. Do not tell us that “Pili pili usioila yakuwashia nini”. Hii pilipili itaniwasha. Make no mistake about it. In my view the Christians and even moderate Muslims should reject this provision. It is a ground for religious wars and we should nip this in the bud.
Now the legislatures are telling us that “Just pass it, you will amend it later”. Well well, this is the beginning of the mother of wars. The day Kenyans will go to a referendum to remove the Kadhi’s court will be the day all the Muslims in every corner of the world come together to save their brothers from “persecution”. You will see Saudi’s, Gaddafi, Iran etc put their muscle together to fight this amendment. It will also be the day that many Muslims will feel that they are being targeted. This will be the beginning of promoting fundamentalism in Kenya. Fellow Kenyans it is now or never for the sake Kenya’s future. Deal with this law now. Vote no, no, no and no until this section is amended. Doing it now will save us headache in the future.
I think Kenya is going to be an experimental field here as there is no state where these two courts function side by side flawless. In my opinion this section of the constitution is already creating bad blood between Christians and Muslims in Kenya and this my friends is the last thing Kenya would like to see or deal with. We have enough tribal issues to deal with.
In brief, Raila, Kibaki, Kalonzo and the rest will be gone very soon. However, with Kadhi’s court entrenched in the constitution, they are leaving behind a war that will see our children being burned on the streets like we see it in Nigeria day in day out. The coast of Kenya will be dominated by Sheria law and Kenyans who live their will be subject to that law just like Nigeria’s north. It is your responsibility as Kenyan to foresee this calamity and vote no. This, my friends should be the last straw that broke the Camel’s back. As a matter of fact, All Christans and traditionalists worth their salt should vote no on this draft until KADHI’S COURT is removed from the draft.
Dr. Barack Otieno Abonyo
Guys, the Kadhi Courts will be under what we call other courts and the jurisdiction of a Kadhi’s court shall extend 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. Meaning that the Kadhi courts will have no jurisdiction over the day to day laws as pertains to crime or to people who are not Muslims. Muslims would still have to live under the jurisdiction of Higher court. It is only under civil disputes that they could select to solve matters(limited to personal disputes) under the Kadhi courts. The Kadhi courts have no jurisdiction over criminal law and will also have no jurisdiction over people who do not profess to the Muslim faith. Let us be careful about our objections and not place them out of context.
It is also untrue that Kenya would be the only country embracing Sharia to govern personal status law (a set of regulations that pertain to marriage, divorce, inheritance, and custody) because it a practise that is even expanding into the West. In Africa Tanzania, Kenya and Nigeria already have and have had Sharia courts for decades. Contrary to popular belief, majority of the Muslim countries have a dual judicial system in which the Judiciary is secular but Muslims can choose to bring familial and financial disputes to sharia courts.
We can always be disagreeable but let us do it in the context of factual discourse and not sensationalism. I am yet to read the final draft constitution but i believe it does not drastically depart from the previous draft presented by the COE. I wait to see, if it departs as drastically as it has been sensationalised to be, then I will encourage everyone to reject it but if it stays in context of what I read in the COE draft then their is no need to sound alarm bells.
Abonyo gives his humble opinion. It is in order that there should be some who stand for NO even where it is thought there is absolute YES. I am assuming Abonyo is for NO. I find him just as unclear as flip-flopping Stephen, Mr. In-Between to the hilt. I wonder why Abonyo waited until Draft Publication. Leading from behind I suppose. The other name is coward. But good try all the same, because you will lose.
I shared it on my wall so the record shows there was no 100% YES support e thurwa.
Joram Ragem
Why do you think people cannot think for themselves or do you like to write your opinions here instead of doing original research and publishing papers in refereed journals?
Try doing something useful in research.
Regards.
Chunga Nyamburaka.
Don’t I understand that the genesis of Kadhi courts in Kenya was anegotiation at the time the coastal Ten Mile Strip was incorporated as part of Kenya? Is it not also true that it was entrenched into the constitution to ascertain that it remains an acquired right of the muslim communities to end of time? I have not found evidence that it created any hardship on non muslim communities in anyway in Kenya. Why has it become necesary to some Kenyans that the provision be terminated? Dr. Abonyo I am a christian and I disagree with your with your position on this matter. I however support and defend your right to hold those views.
And may I add, Abonyo is NOT a registered voter, neither does he have any following among those who are registered!
Joram Ragem
Ragem
If there is no following then this should not bother you
Prof. Nyamburuka
I am published in several high impact journals. Simply google me.
Barack
Doctor Abonyo, provisions for KADHIS courts are not the same as SHARIA law.
Secondly, as been said in other forums, common law is based on Christian traditions and giving a minority group whose beliefs are not accomodated in common law is agood practice. Others have also repeted many times that even Jesus Christ accomodated the needs of Samaritans and other minorities. By doing that, he won many of them over to christianity.
Can you be honest and expalin why you did not object publicly to the draft constitution before it was published. The cleragy did, Ruto did, even Kalonzo did.
When I googled, I found out that the site for KDFC is down. But I found something http://www.kenyadevelopmentfundcorp.com/aboutus.html Where is our money? Even though membership was just a few dollars, what happened to donations by the US based NGO?
Joram
Dr. Abonyo, do what you know best and you shall not be disappointed. Apply the principle of comparative advantage and absolute advantage whan you choose pursuits to engage in.
In your line, zoology, we need to see patents on the best use of animal resources. Please do not squander the honor society has given you to generate useful knowledge and do not sell yourself to a few pieces of silver propmised to those who shout NO. Academics worth their salts are above that.
We do not want to be reminded of the dark past when academicians followed politicians like starved dogs.
I have read Dr.Abonyo’s commentary re read Article 10 (170) on the Kadhi’s courts and I see a big disconnect.
Let us all read and report based on facts.That this is a professional forum,it will add value if we can cite the relevant clauses on the draft to back our arguments rather than focusing on generalities the same way our political leaders are doing.
Surely there should be a different between the analysis and opinions expressed on this forum and those of my old illiterate mum at home!
Fuambo
Fuambo, I have done my part in my field. Just to direct you to one, Please see the link below.
http://www.birminghamtimesonline.com/site/index.php?option=com_content&view=article&id=2708:famu-recognizes-its-top-researchers&catid=36:national-news-headlines&Itemid=96
This is one of my most recent achievement in my araea. I was one of the top research investigators University wide. In 2003 I was awarded A young Investigators award by American Physiological Society. I have successfuly obtained several NIH grants. I have two ineterlectual property disclosure.
I am not being proud here but you guys have pushed me to this. I thaught I must say this here because many of you have chosen to challenge my achievements in my field whenever you have failed to reason. I am not the best in my field but I have done well for the short time I have here. At 41 I am proud of my achievements
I think all these are on the web and hence I feel you guys should check me first before you attack my ability to perform my job.
Lets discuss the constitution not BARACK ABONYO
BARACK
Oh No! I think the best we need to do, is to discuss how your achievement can best serve our country. However, knowing you, you’ve probably drunk all of it what with your partying gene.
Let us leave politics to the politicians and those who actually can vote. Besides, the Draft Constitution is already published and there is nothing discussing it now will do to change anything.
Once it passes, because it will, we can discuss how best to deal with issues that will be proven to be contentious.
You still did not answer. Why wait for Wako to publish then write your objection. Should’nt you have shouted the loudest to gather support and hence prevent the inevitable?
I bet you was late because you were still drinking.
Joram
Congratulations Dr. Abonyo in your professional achievement. It makes all of us proud when those we consider one of us acquire solid achievements.
There is nothing wrong with your academic credentials the problem I do encounter with your articles are with your politics. There are times I think I detect serious national diversity deficiency in transacting political dispensation. In your lead article here I have detected even a more grave misinterpretation of the role of kadhi courts. You even deliberately equate kadhi courts to Sharia law. You cry havoc that the muslim world will come for us at some time in future. I guess you privately cower that if we do not allow kadhi courts to develop into full sharia law then the ‘reds are coming’. Cold war mentality. That, Sir, betrays your training as persuer of truth. The researcher skills you have mastered Dr. Abonyo must be applied across all faculties of our national needs without fear or prejudice.
Good luck.
Thank you brother. We encaurage you to do more in research and innovations. However, the need to endeavor more in reseach and innovations should not be used to deny you, your rights as a citizen of Kenya including freedom to express your views. Besides, we are not belittling your very impressive achievements. We indeed commend you.
Our concern, is the reduction of fine brains to levels where we cannot differentiate between scholars and village market political analysts. Instead of such misapplication of brains, the best advice is to stick to the profession in which you have a comparative advantage, as you let us listen to accomplished political analysts.
Give as analyses of how animal resources should be optimized to develop our motherland. Show us one or two simple innovations on how we simpletons can improve our lot by taking good care of the animal kingdom and we shall really appreciate.
I totally agree with Dr. Barack Abonyo regarding the issue of Kadhi’s courts and everything else he has said above. Dr Abonyo was my college mate and I know he worked in Mombasa for sometime and he knows what he is talking about. Odhiambo Anyango I am also a Christian and I disagree with your views that the courts are harmless to the larger Kenyans society. Even other religions and traditional societies in Kenya have ways of dealing with conflicts and other things purportedly handled by Kadhi’s courts, why don’t we have all those council of elders and Christian Counseling and disciplinary systems incorporated in the constitution? Please not that the head of the Review process is a Muslim and that should have been a huge red flag for bias. The biggest liability for Kenya are nominal Christians who are only Christian by baptismal name and everything else in the world is fine with them.
My vote is a big red NO! and not just because of Kadhi’s courts but because there is a spirit of division behind this constitution – from land issues, to majimbo and counties allocation, and so on and so forth. If the kadhis court is not a big deal, then it should be removed without a big fuss. A constitution ought to be a unifying document, not a ploy for some people to deal with their perceived political enemies or tribal enemies! If they remove those contentious clauses from the draft, then we can consider yes. Kudos Barack for filing a lawsuit so we in Diaspora can be allowed to vote. Those politicians in Kenya are a big joke. Our economist is earning up to $40,000 a MONTH ($25,000 salary and $15,000 entertainment allowance) and they can’t afford to buy squad cars for police or employ teachers on a permanent and pensionable teachers. What a shame! If the Kenyan economy can’t afford to support teachers’ pay and provide decent conditions for police etc, how come the politicians are so callously selfish to award themselves such hefty pay perks?!!!!!
What Kenya needs is someone who understands that census data should be used for planning development and not for political scheming!!!! The reason why there is a shortage of teachers is not private schools etc, it is because the economist and other politicians do not know how to plan using census data. They should have projected how many teachers will be needed based on the community structure/age-groups!!!!! There is so much so called development/read many buildings and a lot of cars but it is all haphazard development. Haphazard because there is no planning for sewage, water, electricity, security, education, jobs etc!!! Kenyans think development is amassing a lot of money for oneself and having cars, tall buildings etc. Look at the Kenyan roads: not shoulders, shoddy work and no vision for future expansion. Yet there are so called engineers even in government. All they engineer is political mischief and perpetual instability to massage their egos. What we need is a Kenyan system where the basics (water, electricity, security, sewage, services in government offices, education etc) keep running regardless of the political system/personalities. Parliamentarian salaries ought to be slashed to make politics less appealing to all kinds of rascals! Ministers should be appointed from intellectuals and not politicians. Communities need to be empowered and taught to take charge of their own development and see the lie that the government, foreigners, or constitution will bring them development for what it is (a lie!!). Development will come to any community that takes charge of it’s own destiny (and I am not talking of majimbo) and develop a place-based (e.g. location, village, estate) vision for their local communities/place then they can leverage for funds through CDF or other good sources to accomplish their visions. Waiting for development to come from outside is a pipe dream!!! If you think that your community is not developed because of another community this or that, then you will remain locked in a lie and waste precious time that you could be using to develop your community. I’ll stop here for now…there is so much more!!!!