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KADHI'S COURT - CALL FOR SOBERNESS!!!

KADHI COURTS...

A Few Facts To Muse On: -

1. Kadhi Courts have been in operation throughout the country. There are fifteen (15) Kadhis Court stations in the country, namely, Mombasa, Garissa, Lamu, Marsabit, Bungoma, Kisumu, Isiolo, Eldoret, Wajir, Nairobi, Nyeri, Nakuru, Kwale, Hola and Malindi.

2. The current constitution limits the operations of the Kadhi Courts to the 10-mile coastal strip, referred to in the constitution as "the former protectorate".This clause has not been revised despite the existence of an Act of Parliament that extends the jurisdiction of the kadhi's court beyond these boundaries.

3. The retention of the Kadhi courts in the constitution was a product of an agreement between the Sultan of Zanzibar and British colonialists, and later with the Kenyan government just before independence. The following activities led to the current status: -


a. 1887 - The Sultan of Zanzibar grants concessions over segments of his territories to the British East Africa Association and later to the Imperial British East Africa Company.


b. 1895 - an agreement is signed between Britain and the Sultan of Zanzibar, to make the Kenya coastal strip a British Protectorate without affecting the Sultan's sovereignty.


c. 1963 - The Sultan of Zanzibar surrenders sovereignty over the coastal strip, while the Kenya Government undertakes to retain Kadhi courts and respect, safeguard and preserve Islamic law in personal matters between Muslims.


Current Jurisdiction

The Kadhi’s court Act granted the Kadhi Courts jurisdiction as follows: -

(a) Three courts shall each have jurisdiction within Kwale District, Mombasa District, Kilifi District and Lamu District;



(b) One court shall have jurisdiction within-


(i) Nyanza Province;


(ii) Western Province; and


(iii) The following districts of Rift Valley Province-


• West Pokot District


• Trans Nzoia District


• Elgeyo-Marakwet District


• Baringo District


• Laikipia District


• Nandi District


• Uasin Gishu District


• Kericho District


• Nakuru District;
 (c) One court shall have jurisdiction within Wajir District and Mandera District;


(d) One court shall have jurisdiction within the Nairobi Area and the Central and Eastern Provinces except Marsabit District and Isiolo District;
(e) One court shall have jurisdiction in Garissa District and Tana River District;
(f) One court shall have jurisdiction in Marsabit District and Isiolo District.

The contentions


1. Is the Kadhi's court Act in contravention of the current constitution by virtue of extending the jurisdiction of the Kadhi's court beyond the boundaries set by section 66 (4) of the current constitution? If so, are we in order to conclude that all Kadhi's courts in Kenya save the ones in areas stipulated under section 66(4), have been operating illegally?

2. Why were the sections on Equal treatment of all religions, and Separation of State and Religion deleted by the COE before presentation to Parliament?

3. Why has it taken so long to deliver judgement on a case in court challenging the legallity of the Kadhi Courts Act, and consequently that of the Kadhi's courts operating as a result of that Act?


4. With the revising of the jurisdiction of Kadhi's court from the former B protectorate to WITHIN KENYA, the courts are bound to rise in number, thus more funds to run them, who is going to be funding their operations?

If a Monkey can help, who are we not to?

If a monkey can help with the tap, why is it so hard for us humans to lend a hand to a fellow human in need...think about it..a monkey.!

...my Two Cents...

the human being is naturally inclined to selfishness, self-centredness, jelousness and a myriad of vices, and this can only be countered by a Higher Power...know what am sayin..? 

AM PROUD TO BE MY TRIBE..KWANI??

...hata Katiba imesema....