Some people are taking us back to where we were before the referendum in 2005. How can Khadi's court be contentious? I am sure most of us have heard of Khadi's court for the first time during 2005 referendum,and now in 2009.
The current constitution says 'the jurisdiction of Khadi’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 confess the Muslim religion'. It is clear that it affects only Muslims. Therefore only Muslims should choose whether or not it should be retained in the new constitution. And the positive thing is all Muslims are demanding it.
Also,you can’t reject the new constitution because the Khadi's court is entrenched in it. A country's constitution is bigger than any one person,or religion. Now that we have a great chance to have a new constitution let us seize this opportunity.
The same applies to system of Govt; some of our leaders are short-sighted,whether Executive President or PM will only benefit MK or RAO in the short term. But the constitution will remain after these two and others.
Let’s build strong institutions like Obama said,and constitution is the most fundamental institution in any country. Please let us accommodate each other instead of retreating to our tribal/religious cocoons.
@Mtaalam,for example with all due respects why did you pick this issue? Which is more contentious; system of Government or Khadi’s court. The 1st affects the whole country and the 2nd affects a minority group,less than 10 percent of the population. This is why the Chair of the CoE has been pleading that Khadi’s court is not a big issue. the same has been said by the Chief Justice. It is good that some Christians have understood the importance of these courts to Muslims. I once again say that Kenyans need to accommodate each others’ rights or feelings.