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BREAKING NEWS......Kadhis Courts are illegal
chepkel
#21 Posted : Monday, May 24, 2010 1:24:13 PM
Rank: Member

Joined: 4/6/2010
Posts: 741
Location: Nairobi
@MagigiShame on you
masukuma
#22 Posted : Monday, May 24, 2010 1:27:45 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@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!
ibsi
#23 Posted : Monday, May 24, 2010 1:30:26 PM
Rank: New-farer

Joined: 5/7/2010
Posts: 38
Location: Nairobi
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.
Impunity
#24 Posted : Monday, May 24, 2010 1:35:52 PM
Rank: Elder

Joined: 3/2/2009
Posts: 26,331
Location: Masada
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.

Ngalaka
#25 Posted : Monday, May 24, 2010 1:37:28 PM
Rank: Veteran

Joined: 10/29/2008
Posts: 1,566
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
Ray
#26 Posted : Monday, May 24, 2010 1:38:35 PM
Rank: Member

Joined: 1/9/2007
Posts: 219
Kadhi Courts zimepewa Red Card - I'm all smiles.Laughing out loudly Sad
mkenyan
#27 Posted : Monday, May 24, 2010 1:42:43 PM
Rank: Veteran

Joined: 4/1/2009
Posts: 1,885
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?
Njung'e
#28 Posted : Monday, May 24, 2010 1:42:47 PM
Rank: Elder

Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
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.
poundfoolish
#29 Posted : Monday, May 24, 2010 1:51:03 PM
Rank: Elder

Joined: 12/2/2009
Posts: 2,458
Location: Nairobi
Interesting.

Very interesting.
Impunity
#30 Posted : Monday, May 24, 2010 1:52:54 PM
Rank: Elder

Joined: 3/2/2009
Posts: 26,331
Location: Masada
@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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