Although am a christian,i ve no problem 4 these courts being in the constitution so long as they do not infringe on my rights as a kenyan. Could our church leaders pliz give us a really good reason why they are vehemently opposed to these courts. Am meant to understand that kadhi courts are in the curent katiba na sijaona ubaya wowote.

why should Kadhi's Courts be entrenched in the constitution? are some people hoping to be more Kenyan than others? there should be a clear separation between state and religion; do not mention any religious courts or whatever in the constitution. Are the rights of Muslims undermined currently because the Kadhi's courts are part of an Act of Parliament? No. For me there's no debate.

Where else would it be?

Could a law expert explain the difference btw an act of parliament as it is currently and entrencing the courts in the katiba. To me it really makes no different so long as nobody drag me to these courts and force me to swear by the koran. They are meant to rule over cases involving muslims so why are we christians so afraid of. ama mimi ndio sielewi!

The big question is if these courts only apply to the muslims only and all muslims are in agreement with the concept why then not just put it in the faith's constitution only?
Even the church I go to has it's own internal constitution that we follow when someone wants to get married,baptism,confirmation etc. but we don't have to put it in the national constitution.

The only religious thing to appear in the constitution should be protection from discrimination on religious grounds.

Bright and interesting people talk about ideas. Those of average intelligence talk about things. Stupid people talk about other people.

Some people are taking us back to where we were before the referendum in 2005. How can Khadi's court be contentious? I am sure most of us have heard of Khadi's court for the first time during 2005 referendum,and now in 2009.

The current constitution says 'the jurisdiction of Khadi’s court shall extend to the determination of questions of Muslim law relating to personal status,marriage,divorce or inheritance in proceedings in which all the parties confess the Muslim religion'. It is clear that it affects only Muslims. Therefore only Muslims should choose whether or not it should be retained in the new constitution. And the positive thing is all Muslims are demanding it.

Also,you can’t reject the new constitution because the Khadi's court is entrenched in it. A country's constitution is bigger than any one person,or religion. Now that we have a great chance to have a new constitution let us seize this opportunity.

The same applies to system of Govt; some of our leaders are short-sighted,whether Executive President or PM will only benefit MK or RAO in the short term. But the constitution will remain after these two and others.

Let’s build strong institutions like Obama said,and constitution is the most fundamental institution in any country. Please let us accommodate each other instead of retreating to our tribal/religious cocoons.

@Mtaalam,for example with all due respects why did you pick this issue? Which is more contentious; system of Government or Khadi’s court. The 1st affects the whole country and the 2nd affects a minority group,less than 10 percent of the population. This is why the Chair of the CoE has been pleading that Khadi’s court is not a big issue. the same has been said by the Chief Justice. It is good that some Christians have understood the importance of these courts to Muslims. I once again say that Kenyans need to accommodate each others’ rights or feelings.

@Bashka
I picked this issue because it happened to headline the newsprint today.
I do not agree with you when you say that it is up to the Muslims to decide whether to have it in the national constitution or not. This is a national constitution and every small bit affects us equally. Imagine if the Kikuyus or Luhyas decide to entrench circumcision because it only affects their community?
By the way,as someone asked what do the Muslims have to lose be not having the courts entrenched?

Bright and interesting people talk about ideas.
Those of average intelligence talk about things.
Stupid people talk about other people.

But seriously,if it is in the current constitution,and it has not affected us all these years,really????? Arent other issues like customs of different communities (eg customary marriages laws etc) not also entrenched in the constitution? Muslim marriages for example do not fall under any 'customary' marriages should we nullify them once we remove that clause from the constitution or how are such things supposed to be captured?

Experience is what you get when you don't get what you want.

@ wendz- i totally agree with u. These courts have been here with us even be4 i was born na hazijani-affect in any way . But i still beg to ask our muslim brothers a question? Entrenced in the katiba or not,u are still kenyans free to practice ua religion vile munaifeel as long as u do not intefere with other peoples rights.sawa. Then why are u really insisting on this? is it ego driven. infact u are the ones who need to explain to us why these courts must be entrenced and not the other way!

@ wendz

i am with you on this....

When you run so fast to get somewhere,you miss the fun of getting there... Life is not a race,so take it slowly....

Pliz forgive my ignorance,If these courts are not in our supreme constitution,then ziko wapi?