I RECEIVED THIS ANALYSIS FROM A FRIEND, AND THERE ARE QUITE SOME INSIGHTS IN IT, ESPECIALLY IN THE BIBLICAL ILLUSTRATION FROM THE STORY OF JACOB AND ESAU. READ ON...
The bill of rights is a great thing.But the rights of the Christian Church far outweighs any other rights.
In my research I have discovered the follwoing,
The Coast Mombasa was occupied by the Portuguese who build the Fort Jesus and inside Fort Jesus set up a Chapel as a place of worship to Jesus the Name above all other names in 1593-1596.
The Sultan of Zanzibar latter ganged up with the Sultan of Oman to invade the Portuguese and subsequently congured the Fort Jesus and Killed all the portuguese. http://www.museums.or.ke/content/blogcategory/48/76/
They also destroyed the Chapel that was inside the Fort Jesus.
Fort Jesus was latter remodelled and the current face of the mosque was put in place.
This part of the History is being ignored by the pro kadhi proponents and the signing of the mou between the Sultan and Jomo Kenyatta to justify why it was necessary to sign the MOU.
Tanzanians didnt sign the MOU but rather overthrew the Sultan on January 1964 http://en.wikipedia.org/wiki/List_of_Sultans_of_Zanzibar and therefore they were not forced to sign the MOU.
IN Short the Sultan didnt own the Coast not even the 10 miles as the mou that was signed.It was originally owned by the people of the coastal region when the Portuguese settled there and therefore no Arab/Sultan should have claimed ownership of the region just as the Britons never claimed ownership of an inche of Kenya after setting us free.Its therefore important to collect this error and historical injustice to the Church and probably rebuild chapel at/inside Fort Jesus.
If we reject this constitution shall we remain with the Kadhi Courts?NO.How and Why?The Bishops went to court to challenge the legality of the Kadhis Courts in the current Constitution the submissions were made but the ruling have not been made while legally the ruling should be made I think within 48hours.The reason for the delay The lawyers I interacted with are not able to explain.If the ruling is made in favour of the church and the bishops then we wont have the Kadhis courts.
A jsutification of the Kadhis Courts has been done by Isaah Hassan in this link http://www.commonlii.org/ke/other/KECKRC/2002/11.html and he says "The Kadhis Courts were entrenched in the constitution as a measure of safeguarding the integrity of the agreement reached on them."One might want to know the integrity in question.Kenyatta was under pressure to get us to independence and we thank God we got it.Now we are under another level of pressure to deliver a new constitution.Should we bow to this pressure or soberly as a country discuss this issues further.So I applaud the President for indicating that he will meet the Church leaders when he comes back from China and discuss the way forward though they have said its practically impossible to affect the timeliness set by ourselves.
In the justification above examples of countries with kadhi courts listed are Pakistani,Nigeria,Gambia,Jordan and Uganda.I wont discuss the level of reliosius intolerance in these countries but we all know whats happening there with the exception of Uganda.
This week a media house (Nation Newspaper) reported that A sheikh in Mandera has banned watching DSTVs there.Is it a taste of things to come.
Anyway for the rights of church and the future of the Christian Faith my vote is a resounding NO.
To quote Bishop Oginde's comment today on Hope FM, Esau signed off his constitutional rights to the position of the first born because he had toiled the whole day(waited for 20years to get a new constitution) and got nothing in his hunting trip and a plate of Food/Mukimo was better than sleeping hungry. He hoped to make the amendments later after eating but lo it was too late. It was not possible to make the amendment of his father's constitution.
The Lord Bless Kenya.
Friday, April 30, 2010
Wednesday, April 28, 2010
Friday, April 16, 2010
Thursday, April 15, 2010
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?
Monday, April 12, 2010
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..?
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