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BREAKING NEWS......Kadhis Courts are illegal
Rank: Elder Joined: 10/4/2006 Posts: 13,823 Location: Nairobi
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you cannot force everyones culture and religion into article 45 of the draft (as long as they do not conflict with constitution) except for muslims. All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Rank: Veteran Joined: 5/31/2008 Posts: 1,076
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This was pretty obvious. Discriminatory and illegal beyond the allowed 10mile strip. Now the chalenge is how to escape some fatwa! Dunia ni msongamano..
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Rank: New-farer Joined: 5/5/2010 Posts: 92
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Mwenza, At first i thought you were trying not to please anyone and thus creating controversy, but now having confirmed the breaking news i say, peace be with you. Now this whole thing is totally taking a different turn. What if now the court rules in favour of Omtata??? Some have been thought brave because they were afraid to run away.
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Rank: Elder Joined: 3/31/2008 Posts: 7,081 Location: Kenya
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...now this is very serious... I thought this would at least put all the Muslims in Yes camp...how fast things can change!!!
...Anyway just for safety sake, if you are sitting next to a male muslim, take cover! You never know when he is going to detonate those bombs they hang on their balls... ( a joke in bad taste!!!)
...brari uji baridi...
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Rank: Veteran Joined: 4/1/2009 Posts: 1,885
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the clueless kenyan judiciary strikes again.
i would wait to read the ruling/judgement but i find it funny that a PROVISION in the CONSTITUTION can be found illegal (unconstitutional?). how so when the constitution is 'allegedly' the supreme law of the land?
and what will be next? the bill of rights? the proposed affirmative action for women and those with disabilities in the proposed constitution?
problem with the kenyan judiciary is that at times they live in their own worlds and are never pragmatic - what if the sultan (given the historical context of the kadhi courts' inclusion in the constitution) talks of breaches and independence? or maybe some people from the coastal strip were to go to court and some judges decide that 'there is material breach' and reason enough for that strip to be independent?
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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: 13,823 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: 26,331 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: 1,885
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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: 26,331 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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BREAKING NEWS......Kadhis Courts are illegal
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