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

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.

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.

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.

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?

...wacha tusikie wadadisi na wachanganuzi wa mambo ya kisiasa watasema nini njioni ya leo... LAKINI VILE CAPTAIN ATASEMA NITAFANYA HIVYO TU...

Just the other day most of us were celebrating our judiciary for sending some MPs home. Today the tune has changed.

If i recall no one had an issue with Wako draft in regards to Kadhis court.

@Masukuma
...It is too early to celebrate...