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BREAKING NEWS......Kadhis Courts are illegal
Rank: Member Joined: 4/6/2010 Posts: 741 Location: Nairobi
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@Magigi 
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Rank: Elder Joined: 10/4/2006 Posts: 13,821 Location: Nairobi
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@mkenya...please slow down and read the rulling. Quote:
A three-judge bench on Monday declared the inclusion of Kadhi courts in current Constitution illegal and discriminatory.
The judges, sitting as a constitutional court, said the decision to include the kadhi courts in the country's ultimate law favoured one religion over others.
They also declared that public funds should not be used to run the courts beyond a 10-mile coastal strip specified during their establishment in the colonial times.
However, the judges reserved their decision on whether the provision should be included in the Proposed Constitution, which will be subjected to a referendum on August 4.
The bench included Justice Joseph Nyamu, Justice Mathew Anyara Emukule and Justice Roseline Wendo.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Rank: New-farer Joined: 5/7/2010 Posts: 38 Location: Nairobi
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We live in a world of plurality and for there to be tolerance, something which relates to religion should not be enshrined in a document which should be used by all people in the country. Our muslim brothers and sisters should also know that the circumstances which made the kadhi courts to be put in the constitution were different. By the way, the costal strip never belonged to Sultans. It belongs to indigenous black africans. These indigenous africans are now the poor at the cost and the colonial arabs are now pretending to be the indigenous. Trust in God and endure patiently.
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Rank: Elder Joined: 3/2/2009 Posts: 26,328 Location: Masada
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This is counter-productive,all the muslims will shift to vote no while the majority of xtians will jump over and say yes. I decided to vote no early this year and confirmed my status when Raira mentioned that a foetus is kakitu hata hakana mkono; now with this newest twist, mimi ni NO damu,and u can check my blood,its red. Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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Wa wa wa, those in No will be poping up the champagne. Some clergy might even start claiming credit - ati waliomba milango ya ngereza ikafunguka. We have not seen or heard the last of this. Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Member Joined: 1/9/2007 Posts: 219
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Kadhi Courts zimepewa Red Card - I'm all smiles.  
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Rank: Veteran Joined: 4/1/2009 Posts: 1,883
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masukuma wrote:@mkenya...please slow down and read the rulling. Quote:
A three-judge bench on Monday declared the inclusion of Kadhi courts in current Constitution illegal and discriminatory.
The judges, sitting as a constitutional court, said the decision to include the kadhi courts in the country's ultimate law favoured one religion over others.
They also declared that public funds should not be used to run the courts beyond a 10-mile coastal strip specified during their establishment in the colonial times.
However, the judges reserved their decision on whether the provision should be included in the Proposed Constitution, which will be subjected to a referendum on August 4.
The bench included Justice Joseph Nyamu, Justice Mathew Anyara Emukule and Justice Roseline Wendo.
i said i would have to read it first sure. but it would be interesting to see how the good judges justified finding a provision in the constitution as illegal. to me it is about the same as saying that the constitution itself is illegal. and the timing of this ruling is rather irresponsible to say the least. just out of curiosity, were all the judges christians?
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Rank: Elder Joined: 2/7/2007 Posts: 11,935 Location: Nairobi
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Ngai Mwathani!!.....Kimeumana.!!!.....The NO campaigners have a platform now and they will shout from the mountain tops....and with Yes politicians divided with some campaigning for No at night,Yes kanaweza nyoroshwa....waa!!!...1 day in politics is such a long time!! @mkenya, Constitutional interpretation.....and the judges are waving a big stick....Thwack!!.They know if YES wins,watakula home...lol. Nothing great was ever achieved without enthusiasm.
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Rank: Elder Joined: 12/2/2009 Posts: 2,458 Location: Nairobi
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Interesting.
Very interesting.
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Rank: Elder Joined: 3/2/2009 Posts: 26,328 Location: Masada
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@njunge....true kabisa,very true.Infact I can see the hand of AG and chief justice here.If this draft passes, then both of them are minced meat. Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.
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Rank: Elder Joined: 2/7/2007 Posts: 11,935 Location: Nairobi
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Part of the ruling: The Bench also ruled financial maintenance and support of the Kadhis courts from public coffers amounts to segregation, is sectarian, discriminatory and unjust against the applicants.
“This amounts to separate development of one religion and religious practice contrary to the principle of separation of State and Religion and is therefore contrary to the universal norms and principles of liberty and freedom.''
In reference to the enactment and application of the Kadhis courts to areas beyond the 10-mile Coastal strip, the judges said: “We find and hold that the purported extension of the Kadhis courts through the enactment of the Kadhis Courts Act beyond the former protectorate areas contravenes Section 64(4) and Section 4(2) (b) of the Constitution and is unconstitutional and therefore null and void.”
The three-judge Bench said the decision has been handed down on the basis that the role of the court is to interpret and declare the law.
The court however declined to expunge section 66 of the Constitution which introduces and entrenches Kadhis courts in the Constitution saying the doctrine of separation of powers prevents it from amending the law or enactment of a new Constitution including its contents as that role is vested in the people of Kenya.Yes now....needs  Nothing great was ever achieved without enthusiasm.
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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Mkenyan Given your argument then what are constitutional courts for? Or whenever there is a dispute over interpretation of the constitution, who is supposed to give an intepretation that is binding? Now it's what faith they are!!!!!! Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Elder Joined: 10/4/2006 Posts: 13,821 Location: Nairobi
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people...AS WE SAID BEFORE ITS NOT A RACE...OR A COMPETITION. lets pause...take a break, correct this draft and pass it before the end of the year. thats all the church has been asking for. are we together. its not YES vs NO. the constitution belongs to kenyans, it would be silly to compete over a draft to rule us ad infinitum. - thats why we have general election. All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Rank: Member Joined: 4/6/2010 Posts: 741 Location: Nairobi
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Rank: User Joined: 6/27/2008 Posts: 709 Location: Velayat-e Faryab
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mwenza wrote:The High Court has ruled that the Kadhi's Courts should not be included in the draft constitution. The ruling resulted from a court case filed in 2004.
What next to the proposed constitution? It does not require a genius to know that Kibaki and Raila will use all means to kill the Imminent Cosntitution while showing Obama that they stood by it through thick and thin. This is a no brainer. And someone said we should respect our elders even when they have been shitting on our door steps for eons. It is time to say enough is enough by using our ballots in favour of the death of these elders machination. Go overdrive in purchasing the goods when there's blood on the streets, expecially if the blood is your own
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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Surealligator wrote:mwenza wrote:The High Court has ruled that the Kadhi's Courts should not be included in the draft constitution. The ruling resulted from a court case filed in 2004.
What next to the proposed constitution? It does not require a genius to know that Kibaki and Raila will use all means to kill the Imminent Cosntitution while showing Obama that they stood by it through thick and thin. This is a no brainer. And someone said we should respect our elders even when they have been shitting on our door steps for eons. It is time to say enough is enough by using our ballots in favour of the death of these elders machination. I didnt see this one coming! Is it what they call conspiracy theory on steroids. Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Elder Joined: 10/4/2006 Posts: 13,821 Location: Nairobi
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well said @Surealligator. people i pray remember this draft will rule us for eons. lets not perpetuate illegalities and discrimination when we can see them. All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Rank: Member Joined: 10/17/2008 Posts: 338 Location: Kenya
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Those are the best news ever...there is no way i can vote for a kadhi's court to be maintained by kenyan's reluctantly contributed tax. Think the unthinkable but wear a dark suit
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Rank: Member Joined: 11/30/2009 Posts: 141
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actually the ruling is for the current constitution not the proposed. That being said, i the timing is just ... The Kenyan story has been writen on the wall for all to see. There will be no new constitution, this year, or next year or whatever year. Someone will always come up with something like this. Surely 6 years to make such a simple ruling? Hata wakizima taa
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Rank: Elder Joined: 6/19/2008 Posts: 4,268
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Haiya, I think we better just get used to living with the old constitution and make the best out of it~!!!!! clearly, we arent getting it any time soon.
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BREAKING NEWS......Kadhis Courts are illegal
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