@Bashka & Waria... We get you. But my question remains: would Muslim be worse off in terms of rights and privileges if the Kadhi courts are left out of the national document? Will justice not be dispensed?

Pls list for us (1,2,3 ...) the consequences of failure to entrench the Kadhi Courts into the constitution ..... and you might get full support from many of us,if its really convincing. We don’t want our brother Muslims to suffer in any way.....And then,they should not just insist on Kadhi courts just for the sake of it...






Life is worth living cos God planned it to be so.

@All,

Thank you for bringing this debate back. I wish to refer you to my earlier post on the same Constitution Review; Secular vs religious state


each day is a gift from God; I dont know if I will be here tomorrow; should I be,I'll make the most of it for God's glory; should I be not,pick up and keep the legacy

@mkenya

the fact remains,Kenya is neither a Christian State nor a Muslim state. it is a secular state,therefore Muslims should respect that and keep their Khadhi Courts and religious issues out of the state constitution.

let's keep it that simple and focused.



each day is a gift from God; I dont know if I will be here tomorrow; should I be,I'll make the most of it for God's glory; should I be not,pick up and keep the legacy

I support @flipthecoin. The muslims are doing everything they can to get a good grip on Kenya. I understand they are marrying Christian girls in large numbers,showering them with all the riches.... the only catch being to bear them muslim children. In a few years the Muslims will not be a minority so why entrench the Kadhi's Court into the constitution.

I will praise thee,O Lord my God,with all my heart: And I will glorify thy name forever more. Psalms 86:12

Haven't gone through all the posts in this thread so,may be some one has aired sentiments similar to mine.

There is a mistaken belief amongst non-Muslim Kenyans that the Muslims want special treatment. After all 'Why do they want their court in 'our' constitution?'

We forget how this thing came about....

Yash Pal Ghai and his CKRC team went around the country collecting views from all Kenyans on what they want included in the constitution. During those hearings,the Muslims proposed the inclusion of the Kadhi Court in the constitution as a 'High Court'.

Their aim was to give it more teeth to enforce its rulings and make them binding. Currently,this Court is a toothless bull dog which is ignored by anyone who wants to do so.

Anyway,at that time,anybody who cared to go to CKRC do so and said whatever he/she wanted and it was recorded....the submissions in raw form used to be available on the ckrc website...don't know if the site is still there...

If the Christians and Hindus wanted to have their Courts,the could have submitted the proposal to CKRC.

So really,it is not a question of seeking special status. Rather,people were invited to make submissions and the Muslims made theirs.

BTW: I made a submission for the creation of a tribal house of parliament as an upper house; but that's a story for a different thread. Point is,we were free to propose anything we wished and if there were enough people suggesting a particular thing,it would find it's way into the draft constitution.

I guess my tribal House was a lone idea.....

Still though,we need to be a little more accommodating and figure out how to give this important court teeth to enforce its rulings. An Act of Parliament does not work.

At Bomas,the Kadhi Court was relegated to a subordinate court [magistrates court] from the level of High Court.

Perhaps this gives us a procedure for creating new courts in the future. If an interest groups wants a Court,they first have under an Act of Parliament for,say,10 - 20 years; see how it works; then upgrade it into the constitution.....

To answer the question of the thread; I don't have a problem with the Kadhi Court in the manner proposed at Bomas.

Behind the gardens...Behind the wall...Under the tree (Including: Red...Dark Blue...Yellow)