One could argue that and for lack of a better phrase, Kenyatta on behalf of this nation (you and I) 'made a pact with the ......'
Read on and maybe this might change your vie on the courts.
Prior to independence and at the beginning of the Lancaster House constitutional talks, the British Government and the Sultan of Zanzibar appointed a commissioner, James Robertson, to report on the changes considered advisable in the 1895 Agreement relating to the coastal strip of Kenya as a result of the course of constitutional development of East Africa. In his report, Mr. Robertson recommended that the coastal strip be merged with the mainland before self-government and independence subject to certain safeguards being given to the Muslims of Kenya, which safeguards should be entrenched in the constitution. The Commissioner recommended that the Kadhis courts should not only be retained but also integrated within the judiciary under the Chief Justice's administration. Robertson also recommended that the 1895 Agreement be abrogated and another one made in its stead between the Governments of Kenya and Zanzibar.
This was done and on 5/10/1963 a new agreement was entered into between the Governments of Kenya and Zanzibar through Prime Ministers Jomo Kenyatta and M. Shamte respectively, in which agreement the Sultan of Zanzibar relinquished his sovereignty over the coastal strip in return for Kenya, among other things, guaranteeing the existence of the Kadhis courts
at all times.
http://africa.peacelink..../articles/art_2120.html
BBI will solve it :)