I am informed that the reason kadhi courts ended up in the constitution was because the issue had become contentious during the Lancaster house and Kenyatta decided to let them be to hasten the independence ..... this means they shouldn't have been there in the first place!!

Of how Kadhi courts could affect me,there is no religion that is more equal.... and two my taxes should be better used for that which is of benefit to me (not to finance religious interest groups).

Can some please highlight how the exclusion them from the constitution would affect them.

'All things are created twice,once in the mind,and once in the world'

@radio
The kadhi courts are meant to do rullings for muslims on matters regarding marriage,divorce and inheritance. All the other issues can be resolved in the normal courts. Muslims have their own laws on how to resolve issues arrising from marriage,divorce and inheritance and the kadhi has to do this according to the Quran. So basically its nothing to do with christians and it does not affect christians it only affects the muslims themselves and only when it comes to the three issues i've mentioned. I dont see what the problem is we shouldnt even be discussing this if you really understand cause how do you expect an xtian judge to make rulling on the those issues and he has no idea what the religion requires the rulling to be done. All other issues apart from the three they go to normal courts so whats the problem?

Life is like an onion; you peel off one layer at a time and sometimes you weep. Carl Sandburg

perhaps we should fund the njuri njeke,the luo council,the kaenjin elders,the wazee wa kaya for the miji kenda and all other partisan groups that play a part in the lives of other kenyan groups in matters of marriage,divorce e.t.c.

I want a court to handle matters related to VVSism (which is the religion I plan to set up)... Erm,and the judges,lawyers,etc have to be VVSists as well... let's provide jobs for only VVSists in the VVSism courts paid for by the Kenyan taxpayer (of all religions & atheists)
**___** Oh,and I will have kosher/halal rules that will only allow VVSists to eat foods produced by fellow VVSists but can be sold to others. Helps keep jobs 'in-house' as well.

Greedy when others are fearful,Very fearful when others are greedy - to paraphrase WB

Vitu

That is the lie that is being thrown around.

Both parties must be muslim......Both parties must agree to have the Kadhis court deal with it.....If either party still feels agrieved by the kadhis court,they can go to a higher court which is not a kadhis court.

I was actually against the court until I started hearing people's arguments and I remembered that a constitution is meant to protect all especially the minority from a bunch of bigots running around in christian attire.

Our constitution is a hand me down of british common law that is so full of judaic faith beliefs. So to say that the constitution is being unfair to chrisitans by leaving them out is very false. All the laws currently are based on judaic faith as a moral back ground. Example that our law is based on judaic faith is the moral high ground taken by missionaries who convinced the british to ban female circumcision while accepting male circumcision. (Please note i am not advocating for this) While on the other hand not all muslim sects are against the practice and some still practice it.

Not all churches oppose the kadhis court. The catholic church does not resist it. They are,sad to say,one of the few churches that read and consulted widely before they made the decision. The churches opposed to kadhis courts are the independent magaret wanjiru 'i want the money' churches.

Mama sukuma. Were your taxes used to build the airport in eldoret,the road to kerio valley,the military base in moyale .... have you used those public goods or services. Madam there is a reason tax is collected to be used for public good!!

A good reason to have the courts in the contitution is that it protects there right in future. What happens when margaret 'lets have the money' wanjiru gets to be a president. God forbid she can revoke or is it repeal an act of parliament. From all the vitriol being spewed here for no apparent reason they have a justified reason to want the court in the constitution.


SK A.L.U.M.N.I (Alcoholic Liason and Undergarments Manager of Nakedness Internationally)

the proposed constitution is good except for that kadhis courts issue. i will not vote for it. nzambi kitonga ignored the evangelicals who are quite a number in Kenya thus making the proposed constitution an unpopular one.
why do you think the founding fathers of US separated church from state? why do you think Tanzania ignores these courts because they are partisan and only in a secular state can all religions flourish. Kenya is not a Christian state. but it has a Christian majority populace (whether good or bad Christians thats another matter).
who was the 'genius' that declared kadhis courts uncontentious? we have a whole debate country-wide on it!!!! emotions are running high because someone decided not to listen. this is the hottest thread on SK. the matter is contentious and opponents of the matter will just not be ignored!!! i choose not to be ignored!!! Out with the Kadhi's Courts. Orange imeanza tena!!!

out with bad rubbish..'oh kadhi's courts are to assist muslims in their inheritance and blah blah blah...' let them handle that matter as they handle it in TZ. what we are saying is that like the njuri ncheke in order for them them to work they just need to be acknowledged
ps with an IQ of over 140 and being in the 97% percentile of the planets IQ scale as far as utilization of grey matter is concerned. nanfor or whatever i have enough grey matter to question this clause...actually not questioning anything like you are doing is evidence to the lack of grey matter not the abundance of it...
Oh please tell me I am wrong?

on the other hand,I was wondering how espansive is that kadhi law..?

Cant it be introduced as a subject/unit of study in law school such that all our lawyers are examined on the same..?? Harafu every lawyer knows all the laws...kadhis,customary,whatever,whatever,etc......then hii maneno ya kuweka ndini kwa constitution yaishe...!!!

Can someone suggest that to this Kitonga man as a long time solution..!!

what do you say @nanfor

If you have money that you expect to start using in five years,it now belongs in stocks.

If we're talking about Minorities,then I need my council of Elders included in the constitution...

These guys basically sort us out on all matters.. and interpret our traditional laws on marriage,land disputes,inheritance,public nuisance,trespassing,goats eating the neighbours mbogas (and sometimes on criminal matters - theft especially amongst people who are close - relatives,neighbours etc)

My people do not like the 'nomal courts' and will always go to this council as their first choice...

.. and it basically meets the same criteria,both parties must accept to be judged by traditional law. But the parties pay for the service,no one has ever asked the rest of Kenya to waste ink including 'our court' in the constitution....

Kwani what makes Muslims special... Even when we talk about minorities,they must not be accorded preferential treatment over other minorities. Otherwise that becomes discrimination....