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.

only in kenya can people fight to be discriminated upon instead of ensuring that we have a FAIR document.
It doesn't have to be a PERFECT document - it has to be a FAIR AND JUST ONE.

@nanfor1, as long as the Kadhi's courts remain at the coast. everyone is happy - since that was the agreement.

nanfor, unfortunately you wont get any 'precedent' from masukuma and company. the fact is, if you take the constitution as the supreme law of the country then you can never question anything it says. all it says should be legal. the constitution says that if any law is inconsistent with it then that law is void to the extent of that inconsistency.

it does not say that there are provisions of the constitution which are more supreme than the other and if anything in the constitution is inconsistent with them then the same are void.

that is a fallacy. have gotten a copy of the ruling and want to see how the good judges have gone about declaring illegal the very document that gives them the power to seat as a constitutional court.

it should be noted that in kenya we have a written constitution, as opposed to the UK where they have a constitution based on the supremacy of parliament and thus the various acts of parliament.

on your first point, when all is said and done, a constitutional court derives its very existence from the constitution and when in interpreting it they declare the very constitution illegal (when all is said and done, that is what they have done) then they in effect they declare the very base in which they stand illegal.

my humble belief is that constitutional court should construe and protect the constitution, not amend it.

to try and make it clearer, when justice ojwang was still a lecturer, there is this student in his 'constitutional theory' class who once referred to judicial precedence as 'judge made laws' and he quickly rebuked him and made it clear to him that judges don't make laws, they merely construe them. put it in context here.

on the religious inclinations of the judge, given that it is the churches that have been most vocal about the inclusion of the kadhi courts in proposed constitution, i do not really need to spell out for you the relevance.

mkenyan

what scares me more is a bunch of fake christians going around beaming with glee. These are the same games the judiciary used to play in Moi's era. To these fellows as long as there are no Kadhis courts, Kenya is the land of milk and honey.

Very dangerous fellows these religious nuts.