From: Buiywo Siongiki
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A three-judge bench declares inclusion of Kadhi courts in current Constitution illegal but reserves judgment on the provision in Proposed…
Kadhi courts illegal, judges rule
By JILLO KADIDA
A three-judge bench on Monday declared the inclusion of Kadhi courts in current Constitution illegal and discriminatory.
The judges, sitting as a constitutional court, said the decision to include the kadhi courts in the country’s ultimate law favoured one religion over others.
They also declared that public funds should not be used to run the courts beyond a 10-mile coastal strip specified during their establishment in the colonial times.
However, the judges reserved their decision on whether the provision should be included in the Proposed Constitution, which will be subjected to a referendum on August 4.
The bench included Justice Joseph Nyamu, Justice Mathew Anyara Emukule and Justice Roseline Wendo.
The timing is simply Unbelievable! The relevance is laughable considering the date of dispute being 2005. The result almost tragic. Lets hope as with the usual Kenyan spirit, we shall overcome this new hurdle and that logic prevails.
Muthoni
Nobody would have had any problem with the ruling if it had come at the time when it was required to determine if the inclusion of the Kadhi courts in the draft constitution that was to be voted for in the 2005 referendum was correct.In my view it has nothing to do with the current proposed constitution and should not in any way be affected by the ruling but the timing is highly suspicious.Why now and not in 2006 or even 2008 if not 2005?It has already given the naysayers some amunition which they could use to confuse those who have already believed that the ruling was on the proposed new constitution.
I’m a christian and there is no way I feel discriminated by provision of Kadhis courts. Besides it is not a threat of to my faith. I also do not need the court ruling to uphold my faith. If some ‘christian’ clergy need court rulings to uphold their faith then I’m sorry to say the basis of their faith is hollow. The court ruling is therefore not in my interest, not in the interest of the so called ‘clergy’ and everybody else.
On the basis of the argument of some ‘clergy’, very soon we shall hear arguments that the government should not set up a social fund for destitutes because those who are able and pay taxes would not benefit directly.
I do not mind my taxes being used to upkeep the disadvantaged whom I do not know. Similarly, I do not mind my taxes being used to dispense justice on family issues to a brother whose practices are not catered for in common law.
I als do not mind a moslem being my neighbour, a mosque or a kadhis court being in my neighbour hood.