@chep

You are right.... he can only be called as a witness if need be... I was wrong.

@chep

I called a lawyer friend to confirm because i remember one time we had a case where we had gotten into an agreement based on islamic law and they had to call a khadhi for interpretation. thats what i was confusing with.

@Wendz and chepkel

If an appeal arises from a matter heard in the first instance by the Kadhi's court, the High Court or the Court of Appeal, as the case may be, has to examine and apply the law that was applied in arriving at the Kadhi's court decision ie Islamic law. But at that appellate level, the court is not sitting as a Kadhis court by as the High Court or the Court of Appeal in which case there is no issue of a Kadhi determining the appeal.But a Kadhi or other expert in Islamic law may be called, not to give an interpretation, but as a witness to give evidence on Islamic law in question. The appeal judge or judges then determine the appeal on their own.

As a point of addition, law schools in Kenya do incorporate a bit of Islamic law in their curricula particularly in the Family Law and Succession course, as it is expected that the students will later on need such knowledge as lawyers or as judges.

(22) Every person has right to institute court proceedings claiming fundamental freedom has been infringed. No fee may be charged for commencing the proceedings. The court shall not be unreasonably restricted by procedural technicalities.

If there is anything that i believe we should read again and again, it is this point.

Long gone will be the days when your "friend" can pay the cop a few bucks to have you sleep in jail.

Lets not forget,robery with violence for stealing a chicken.

I just love this section and just for that,I will bring my grandmother to the poll. She was once slapped by a policeman.

As for the life clause

Does it now mean that the churches will agitate for the elimination of the death penalty? Or is there life of lesser value than mine?

@ Mpenzi. Thank you for the clarification.

Do these Kadhi's have to be trained lawyers/magistrates/judges or anyone with knowledge of Islamic law qualifies to be a kadhi. I heard that there was alot of corruption and cases were not handled very well.