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Constitution Review; Secular vs religious state
Ngalaka
#21 Posted : Tuesday, June 23, 2009 3:00:00 PM
Rank: Veteran


Joined: 10/29/2008
Posts: 1,566
All are equal before the law and should be treated as such.
Any one or group of people trying all tricks in the book to sneak a paragraph in our supreme law,hoping to gain certain status over and above the rest,should be seen for what they are,- mischief propagatists,and be stopped on their tracks.

Most Christians,including those who have posted in this thread have been able to strike some balance,have kind words to say and are generally accommodating to Muslim brothers.

The reverse can not be said without risking contradiction.

Living in any Muslim majority country,woe unto you if you are a Christian.
I dont advocate for tit for tat,nor am I ignorant to the maxim that two wrongs dont make a right,but why the non reciprocity from our Muslim brethren.

Things arent always the way they look like
Isuni yilu yi maa me muyo - ni Mbisuu
VituVingiSana
#22 Posted : Wednesday, June 24, 2009 6:02:00 AM
Rank: Chief


Joined: 1/3/2007
Posts: 18,098
Location: Nairobi
Did you know s.arabia allows NO temples,synagouges or churches? Yet India,Israel & Italy allow mosques.

Greedy when others are fearful,Very fearful when others are greedy - to paraphrase WB
Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett
mkristo
#23 Posted : Wednesday, June 24, 2009 7:43:00 AM
Rank: Member


Joined: 9/7/2007
Posts: 168
Location: Nairobi
@nanfor

I think I had not paid much attention to your post,but having read it closely;

Yes I agree with you that I am a classic example of an extremist. NO apologies for that.

You have heard enough from us to last you a life time.

Caution,LIFE is short. Better make the best use of it by making the right choices.




the voice of reason
jitetee
#24 Posted : Wednesday, June 24, 2009 7:58:00 AM
Rank: Member


Joined: 6/12/2008
Posts: 92
na sasa wewe mkristo ni nini? i thought you had closed the discussion,apologised and wished us all a great week. or have you returned because you have seen someone agrees with you? the way I see it,on this thread,there is only one person whose posts seem to come out as angry. hazard a guess as to who that person is. i partially agree with what you are saying in that the muslim leadership has a bigger agenda. but be careful not to dismiss everyone who disagrees with you as ignorant or naive yet they have tabled facts to support their point of view whereas you largely have not. how you communicate your point of view is key. i suppose your end objective is to inform and educate right? it is not a competition so drop the wait-and-see-how-right-I-am-you-heathen-folk. believe me,that is how it is comming across as.

Time and chance happen to all.
mkristo
#25 Posted : Wednesday, June 24, 2009 8:06:00 AM
Rank: Member


Joined: 9/7/2007
Posts: 168
Location: Nairobi
@ Jit

Sawa basi. Peace. I dont know what to do about myself. Cant help being me.


the voice of reason
AlphDoti
#26 Posted : Wednesday, June 24, 2009 8:07:00 AM
Rank: Elder


Joined: 6/20/2008
Posts: 6,275
Location: Kenya
Have you read both the Bible and Koran? Before we all rant about Muslims,let's check how you treat others before blaming religion.

What freedom are you talking about? What is the problem? What are Muslims refusing you todo? Do you really understand what Islam is about?

We are saying the Kadhi's court will address issues affecting people of Islamic belief.

I think you're the one who is angry. All other people here are sober in the way they look at this. I think you hate something or you base your fear on myths.


AKS
mkristo
#27 Posted : Wednesday, June 24, 2009 8:13:00 AM
Rank: Member


Joined: 9/7/2007
Posts: 168
Location: Nairobi
@Alph

Thank you for your comments; I appreciate.

in every market place there has to be at least one insane person,of course based on the sanity levels of others.

I gladly choose to be that one.



the voice of reason
jitetee
#28 Posted : Wednesday, June 24, 2009 8:38:00 AM
Rank: Member


Joined: 6/12/2008
Posts: 92
Mkristo - Go easy on the reverse psychology. By the way,people on SK are much more informed on the islamic agenda than you might think. Let me give you some homework. Using the SK search tool,look for all threads that contain the word gaza. Read them and you will see what I mean. So tread carefully. Having said that,i will now desist from telling you how to present your opinion because you should know how to do it best.

I am sure Rassa and Finje have not seen this discussion otherwise this thread would be a bloodbath by now.



Time and chance happen to all.
mkristo
#29 Posted : Wednesday, June 24, 2009 9:49:00 AM
Rank: Member


Joined: 9/7/2007
Posts: 168
Location: Nairobi
@Jit

...thanks,I've done my homework,and sure,I agree. People here are informed.

I actually did not mean it when I said contributors are naive,for indeed they are not,but are arguing like they are,hence have to prick their consciences to realize just how they are portraying themselves.

If indeed they are informed,I do not see why anyone should have a problem with what I have said so far.




the voice of reason
xtina
#30 Posted : Thursday, August 27, 2009 12:04:00 PM
Rank: Member


Joined: 6/26/2008
Posts: 384
This thing is not going away,is it?....very sad that the referendum may be lost or won just because of it....it was good to learn Kenya's history and apparently there is an Islamic Party in Kenya....

Men who are occupied in the restoration of health to other men,by the joint exertion of skill and humanity,are above all the great of the earth. They even partake of divinity,since to preserve and renew is almost as noble as to create.VOLTAIRE.
Mwafrikah
#31 Posted : Thursday, August 27, 2009 12:41:00 PM
Rank: Member


Joined: 9/8/2007
Posts: 75
in the words of one Mwalimu Nyerere,,,Serikali haina dini...so lets not skirt around the issue of including kadhis court. Say No to state getting into the business of religion. The current President of Tz who is islamic plans to introduce kadhis court in their constitution against a backdrop of massive resistance. His ratings is fast dropping and now the Catholic Church is giving him a riot act on good governance against backdrop of an insensitive govt that is rooted with corruption. A neighbouring nation that happens to be in longerheads with our nation over some piece of island is party to the OIC and at some point in time might probably introduce Sharia Law similar to what some quarters in our nation have been promoting through the pyrrhic Majimboism that portends to secceionalism by some regions in our beloved nation....Say No to Kadhis Court

The fool folds his arms and consumes his own flesh. Better is one handful with tranquility than two with toil and a chase after wind!
McReggae
#32 Posted : Thursday, August 27, 2009 1:15:00 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Kama Kadhi courts inawekwa basi the council of jodongo must also be included in the supreme since their rules are also very clear....lol......if after the census we find out that the Merus are more than the muslims then somebody tell me why the Kadhis courts should come before the Nchuri Ncheke......

The chief value of money lies in the fact that one lives in a world in which it is overestimated.
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
FundamentAli
#33 Posted : Thursday, August 27, 2009 1:48:00 PM
Rank: Veteran


Joined: 11/4/2008
Posts: 1,289
Location: Nairobi
The Nation had an article narrating how Kandhi's court came to be in Kenya. The coastal strip was under the Sultan of Zanzibar. The strip had Kandhi courts established long before the Sultan ceeded authority to the British. One condition of ceeding given by the Sultan was that the courts will continue to operate even after the British took over. Once Kenya became independent this had to continue. Kandhi courts were the setup throughout the country although the law stated that they be limited to the strip.

It would be good to look at this history first and then make a consistent and agreeable desicion.


Baada ya dhiki,faaraja
mozenrat
#34 Posted : Thursday, August 27, 2009 2:20:00 PM
Rank: Veteran


Joined: 5/18/2008
Posts: 796
I agree with Mkistro although our reasons differ...

If we entrench the Kadhi courts in the Katiba,what is to stop some christian or mungiki-like fanatic demanding the same in the future for his sect....

After all the one thing that the constitution does is protect against discrimination....

Whatever arguments we present here today (Kadhi courts are structured,apply to only those who profess etc...) can be met by any sect.... the Mungiki legal system is VERY well structured.....Can you imagine the arguments in constitutional court?? Whatever conditions the court may set,I'm sure a determined Deya will be able to meet. What then??

...and please,that argument that they've always been there doesn't wash... We've always had all these bad laws in our constitution. Does that mean we should we keep them??? What is the point of the review then? Eti its been here for 1,000 years (before Kenya existed)... So did caning and capital punishment. For thousands of years,Kyuks used to put thieves in beehives and roll them downhill. That didn't stop us from banning these practices or comtemplating their removal from our statutes...
Brewer
#35 Posted : Thursday, August 27, 2009 3:40:00 PM
Rank: Member


Joined: 6/24/2008
Posts: 238
Is it too much to ask that reason prevails over passion in this debate? My small piece of opinion has attempted to,as christians say,make a call to 'reason together'.

We are a country fond of taking the path of least resistance. Granted that the muslim lobby is loud,dedicated and intractably woven to our national fabric in politics,commerce etc but the proper thing would be to achieve securalism and wipe out religious constitutionalism. The history of making constitutions that endure is largely about taking hard decisions for posterity. I am yet to hear one person say why NOW the Kadhi's courts should be entrenched in our constitution. The argument loudly coming out is that it has been in our laws and NOW should be entrenched in the constitution. Why?

The other argument is that our laws are based on christian tradition. I am yet to get an example of any such law entrenched in our constitution. If any such law exists in our constitution and is inherently christian,now is the time to wipe it clean from our constitution and not the time to muddy our constitution with bondages of religion. If am not wrong Islamic law applies only in personal matters of marriage,divorce and inheritance. Pardon my ignorance but are there laws on such matters with christianity all over them AND expressly entrenched in our constitution? I guess not.

The other issues relate to the funding of religious practice from public coffers. The current laws provide for registration of christian marriages and dissolution of such marriages by secular courts (may need to mention that the dissolution is not done according to christian teachings as the christian view on this may be as diverse as the colours of church roofs in our country). Kadhi courts go further in the sense that they adjudicate disputes on marriage,divorce and inheritance according to islamic faith. In a secular state which respects the freedom of people to marry and divorce according to their religions,whatever religion,one may go and get into marriage and divorce according to the edicts of his/her religion but reserve the state's law to only registration of such marriage and divorce- but not adjudication of disputes on marriage and divorce according to ones religion at public expense as happens NOW with Kadhi's courts.

While at it,we may need to ask what would happen were the muslims in Kenya to outnumber the christians some many years down the road when we shall all be laying in rest. My argument then would still be that they would not have the right to Islamise our state and the challenge now should not be how muslims are accomodated with express provisions and institutions in our constitution but how we wipe religion from the affairs of the state.
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