Our constitution is a hand me down of british common law that is so full of judaic faith beliefs. So to say that the constitution is being unfair to chrisitans by leaving them out is very false. All the laws currently are based on judaic faith as a moral back ground. Example that our law is based on judaic faith is the moral high ground taken by missionaries who convinced the british to ban female circumcision while accepting male circumcision. (Please note i am not advocating for this) While on the other hand not all muslim sects are against the practice and some still practice it.

Not all churches oppose the kadhis court. The catholic church does not resist it. They are,sad to say,one of the few churches that read and consulted widely before they made the decision. The churches opposed to kadhis courts are the independent magaret wanjiru 'i want the money' churches.

Mama sukuma. Were your taxes used to build the airport in eldoret,the road to kerio valley,the military base in moyale .... have you used those public goods or services. Madam there is a reason tax is collected to be used for public good!!

A good reason to have the courts in the contitution is that it protects there right in future. What happens when margaret 'lets have the money' wanjiru gets to be a president. God forbid she can revoke or is it repeal an act of parliament. From all the vitriol being spewed here for no apparent reason they have a justified reason to want the court in the constitution.


SK A.L.U.M.N.I (Alcoholic Liason and Undergarments Manager of Nakedness Internationally)

the proposed constitution is good except for that kadhis courts issue. i will not vote for it. nzambi kitonga ignored the evangelicals who are quite a number in Kenya thus making the proposed constitution an unpopular one.
why do you think the founding fathers of US separated church from state? why do you think Tanzania ignores these courts because they are partisan and only in a secular state can all religions flourish. Kenya is not a Christian state. but it has a Christian majority populace (whether good or bad Christians thats another matter).
who was the 'genius' that declared kadhis courts uncontentious? we have a whole debate country-wide on it!!!! emotions are running high because someone decided not to listen. this is the hottest thread on SK. the matter is contentious and opponents of the matter will just not be ignored!!! i choose not to be ignored!!! Out with the Kadhi's Courts. Orange imeanza tena!!!

out with bad rubbish..'oh kadhi's courts are to assist muslims in their inheritance and blah blah blah...' let them handle that matter as they handle it in TZ. what we are saying is that like the njuri ncheke in order for them them to work they just need to be acknowledged
ps with an IQ of over 140 and being in the 97% percentile of the planets IQ scale as far as utilization of grey matter is concerned. nanfor or whatever i have enough grey matter to question this clause...actually not questioning anything like you are doing is evidence to the lack of grey matter not the abundance of it...
Oh please tell me I am wrong?

on the other hand,I was wondering how espansive is that kadhi law..?

Cant it be introduced as a subject/unit of study in law school such that all our lawyers are examined on the same..?? Harafu every lawyer knows all the laws...kadhis,customary,whatever,whatever,etc......then hii maneno ya kuweka ndini kwa constitution yaishe...!!!

Can someone suggest that to this Kitonga man as a long time solution..!!

what do you say @nanfor

If you have money that you expect to start using in five years,it now belongs in stocks.

If we're talking about Minorities,then I need my council of Elders included in the constitution...

These guys basically sort us out on all matters.. and interpret our traditional laws on marriage,land disputes,inheritance,public nuisance,trespassing,goats eating the neighbours mbogas (and sometimes on criminal matters - theft especially amongst people who are close - relatives,neighbours etc)

My people do not like the 'nomal courts' and will always go to this council as their first choice...

.. and it basically meets the same criteria,both parties must accept to be judged by traditional law. But the parties pay for the service,no one has ever asked the rest of Kenya to waste ink including 'our court' in the constitution....

Kwani what makes Muslims special... Even when we talk about minorities,they must not be accorded preferential treatment over other minorities. Otherwise that becomes discrimination....