...Did anybody watch NTV Inside the constitution' yesterday? Though I am a YES man, it is becoming seemingly clear that come August 4 the draft constitution will be shot down. The deputy speaker was so agitated that to me he looked like he was about to 'detonate'. If there are muslims in Kenya who have more convictions than the Deputy Speaker, then we are headed for very serious trouble.

....one of the panelists mentioned that in South Africa the KAdhi courts were expunged from the constitution. How have other countries handled their situations eg Uganda where there are a sizable number of muslims, the USA etc. Does anybody know?

...Afew weeks ago my mother asked me what benefits will accrue fro Muslims by having the KAdhi courts in the constitution. I did not have an answer. Does anybody know?

I really do not see the problem with The Kadhi courts. There were many people who were saying that it should just be created using an act of parliament and not entrenched in the constitution. I really do not see the difference, either way it will still be created, right??? But if the latter will ease tensions then why not just do it???

Only 5 countries world-wide have Kadhis courts through out their nation. I think I can remember India, Jordan, Kenya and some other 2. South African Muslims wanted Kadhi's courts in the draft but after negotiations they saw that the customary law section would fit them too. In Kenya, we had a problem when CoE (despite public outcry) refused to label Kadhi's courts as a contentious matter and thus open up discussion on it. Now see what we have in our hands.
In Tanganyika, we have everyone working under customary law (JALA) - as long as its not contrary to the constitution (rights are not withheld).
My point is: Kadhi's courts are very relevant to the Muslim faith and it would be totally uncouth and insensitive to ask them not to have them. I am told the cost of running the Nairobi Kadhi's courts is less than 100k a month (this is a sum SUPKEM or NAMLEF can cough-up) But as far as constitutional matters are concerned everyone can be fitted into Article 45(4), even if Kadhi's courts are mandated under the act of parliament to be set-up, thats OK. We do not have to constitutionalize it.

'Afew weeks ago my mother asked me what benefits will accrue fro Muslims by having the KAdhi courts in the constitution. I did not have an answer. Does anybody know?'


The muslim will get their own fair share in sorting personal matters which non-muslim may not understand on how to deal with them...In a constitution everyone gets something....but not everything ..

Masukuma ....Out of the countries you've mentioned.... tell me any country which took the territory of another as Kenya took the territory of Sultan of Zanzibar?

@Fundaah...I agree that Government projects rarely fail especially when managed by the Government end to end.

However, when government projects are taken to the court of public opinion, they fail.

2002 - project uhuru failed.
2005 - project wako draft failed.
2010 - (wait and see).

The court of public opinion is merciless and rarely spares the government projects however noble they might be.

It would have been better and proper to declare the project 'a people project'. But when it was declared a Government project, opinions have changed.

Citizen TV poll last night showed 62% would vote NO and 38% would vote 'YES'.

@ Magigi, I watched it and much as some people want to brush it off, this issue is very contentious. It is becoming clear that the ruling by the court was quite serious and despite the insults being hurled at them the judges addressed their minds thoroughly to the hot issue.

It was inadvisable for CoE to brush off the issues raised by the Kenya Christian Constitutional Forum (KCCF) during the review process. In addition to this CoE cleverly went ahead to have all the issues protected in the draft constitution.

Now that we are beyond the review process , the only option left is reject the draft and bring it back to the people for another review.

@Masukuma, point taken my friend.

@Fundaah, The territory of the sultan of Zanzibar also covered the Tanganyikan ,somalia coastlines and i suspect some in Mozambique - why is it only in Kenya that we have this treaty?