@theman192000, A constitution cannot in one breath lock every other culture, religion and systems of laws in kenya into article 45(4) and force them to act within the constitution and then with the same breath give ONE religion/culture a court to rule over the same matters and using their law and not in accordance to the constitution coz their laws are grafted to the constitution similar to international treaties.
this is an INJUSTICE.
Maasais have a way of life too, Turkanas also. Hindus are a religion and we can all fit into article 45(4).- FYI : this is how TZ handles Muslims.

@Fundaah, it was a straight call - we had been saying it.

@nanfor1, have hope...have faith. We can have this draft if we desire and we desire. I think politicians have lied to us that there are only two choices...only two option. YES or NO... so the nation is in a tunnel vision situation.
I dare to have hope that we can stop it and amend it and move on. We should have a draft by the end of the year - a Draft we are all happy with.

Kenyans need to start now being able to obey the law..unpleasant or otherwise. If a simple judge ruling cannot be obeyed. it shows the constitution or any other will not be obeyed when it displeases you. We need to come to a place where we respect our laws and live by them or change them to suit our needs.
If Kenyans disregard this ruling - they will be no different from the Kenyans that disregarded the laws in 2007-2008 and went to war. We will have shown ourselves to be wild beasts in human clothing that can only obey laws as long as they suit them.

The judges have not stated anything new; the church has been on this issue all through even before Bomas and yet the Committee of 'experts' decided to ignore them. Some now are throwing mud at the judges as if they originated the case- remember someone went to court with a grievance- that it entrenches inequality- and the judges agreed. The grievance is shared by millions of others who now are in the NO camp. You want to throw mud at all of them too?

@Masukuma hongera and keep the flame alive.

And the circus goes on.

I am begining to enjoy the show, now that 24 season 8 is over.

I dont get why people are mourning.The high court has not stopped the constitution making process

@masukuma

i think you are losing the plot here.

You have yet to answer one question. Under what law did these 3 fellows change the constitution?

I hate the current constitution but I am having difficulty figuring out which court on this earth has the power to declare a clause in the constitution illegal.

this is why this constitution needs to go. I am happy to see on most Kenyan forums this ruling has made people madder than as depressed as i was.

These are the same judges who declared no goldenburg, no anglo leasing and ....I wonder what the game is now

I won't vote to pay for kadhi courts. Good move high court! Its funny how many can't see a simple contradiction.

@muchknow...well put. @nanfor, if i am not mistaken the current constitution does not expressly say that it cannot be questioned in any court.