@nanfor1, I believe that the ruling did not necessarily amount to declaring the whole constitution illegal as you put it. A constitution is a man written document and can have flows, thats why it allows for amendments. The judges were refering to the inclusion of religious courts in the constitution and funding them by state funds and have interpreted that to be unconstitutional and descriminatory against other religions. Lets not be emotional about this. Atleast for once the constitutional debate has been based on issues, lets stick to issues.

Maybe we are reading too much to a small matter.

@Njunge

This is not a small matter


The same judges in their ruling accepted that they do not have the power to change the constitution.

In the same ruling they go ahead and say it is illegal to fund or even have the Kadhis court.

The danger is not with the Kadhi's court. It is the fact that some 3 people can decide that they can change the constitution at the same time say that they have no powers to do so.

They themselves have acknowledged that they have no POWER, read RIGHT, to change any constitution. However, they go ahead and set a precedent that will be used for ages to allow judges to change it.

@cruso If the constitution said that all Kenyans will wake up in the morning and pee outside their window, these judges cannot go ahead and say it is wrong. It is their duty keep that peeing in the window clause.

It is up to Kenyans to change a constitution not Judges.

I am saying this as someone who hates the old constitution. It is just an example of the reason why the judiciary in Kenya is just pathetic.

The only good thing is that I can now take them to their own court and say that their mere presence in that court is annoying me and elevating them to higher level than me. They are thus unconstitutional.

@kereka, then you need your eyes checked or make a reference to the abortion debate topic - we have debated that here and lets not lose focus. @2012, if the kadhi's courts are left where they were intended to be i.e. in the 10 miles strip - everyone will be happy. they don't have to push this illegality in mainland.
@nanfor1, don't act like you a shark in a feeding frenzy

the judges did not do any of the above. everyone wants the above.

@ masukuma, Whatever legal issues you have raised may be valid. However the matter I'm addressing is not a legal one but operational.