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BREAKING NEWS......Kadhis Courts are illegal
mwenza
#1 Posted : Monday, May 24, 2010 12:40:20 PM
Rank: Elder


Joined: 4/22/2009
Posts: 2,863
The High Court has ruled that the Kadhis Courts should not be included in the draft constitution. The ruling resulted from a court case filed in 2004.

What next to the proposed constitution?
IF YOU EXPECT ME TO POST ANYTHING POSITIVE ABOUT ASENO, YOU MAY AS WELL SIT ON A PIN
chepkel
#2 Posted : Monday, May 24, 2010 12:44:03 PM
Rank: Member


Joined: 4/6/2010
Posts: 741
Location: Nairobi
hehehehehehehehehehehehehehehe
Amurabi.
#3 Posted : Monday, May 24, 2010 12:48:51 PM
Rank: New-farer


Joined: 5/5/2010
Posts: 92
@ Mwenza, at the moment controversy may not be sweet.
Some have been thought brave because they were afraid to run away.
Magigi
#4 Posted : Monday, May 24, 2010 12:48:56 PM
Rank: Elder


Joined: 3/31/2008
Posts: 7,081
Location: Kenya
...http://www.nation.co.ke/News/Kadhi%20courts%20illegal%20judges%20rule/-/1056/924614/-/rcndgfz/-/index.html
I hope this does not in any way interfere with the constitution timetable...ama?
mwenza
#5 Posted : Monday, May 24, 2010 12:50:28 PM
Rank: Elder


Joined: 4/22/2009
Posts: 2,863
Amurabi. wrote:
@ Mwenza, at the moment controversy may not be sweet.



@Amurabi.................Got no words. These courts of ours????
IF YOU EXPECT ME TO POST ANYTHING POSITIVE ABOUT ASENO, YOU MAY AS WELL SIT ON A PIN
B.Timer
#6 Posted : Monday, May 24, 2010 12:50:38 PM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
There has been a case on this matter lying in the courts since 2004.

Is it true that such are ruling has been passed?

Asssuming it is true, I doubt it would negate inclusion of the the Kadhis courts in a constitution that is yet to be subjected to a referundum.
All the same we would have to see the arguments advanced by the judge.
Dunia ni msongamano..
mwenza
#7 Posted : Monday, May 24, 2010 12:53:22 PM
Rank: Elder


Joined: 4/22/2009
Posts: 2,863
@Magigi...............It has a bearing. Unless the government interprets the court ruling differently. Otherwise i can see the 'No Camp' celebrating already. Even the 'brari uji baridi' is smiling.
IF YOU EXPECT ME TO POST ANYTHING POSITIVE ABOUT ASENO, YOU MAY AS WELL SIT ON A PIN
mwenza
#8 Posted : Monday, May 24, 2010 12:55:04 PM
Rank: Elder


Joined: 4/22/2009
Posts: 2,863
B.Timer wrote:

Is it true that such are ruling has been passed?



In this forum we don't peddle rumours or lies.
IF YOU EXPECT ME TO POST ANYTHING POSITIVE ABOUT ASENO, YOU MAY AS WELL SIT ON A PIN
KulaRaha
#9 Posted : Monday, May 24, 2010 12:56:33 PM
Rank: Elder


Joined: 7/26/2007
Posts: 6,514
Wow, some drunk judge just pissed on the dreams of Kenyans....again!
Business opportunities are like buses,there's always another one coming
chepkel
#10 Posted : Monday, May 24, 2010 12:57:47 PM
Rank: Member


Joined: 4/6/2010
Posts: 741
Location: Nairobi
It was deemed illegal in the current constitution and seen as discriminatory. Nevertheless, the judges have reserved their decision on whether it should be included in the proposed constitution.

I am sure they are playing it safe and do not want to cause any unnecessary confusion and problems to the constitution making process.
leona
#11 Posted : Monday, May 24, 2010 12:58:18 PM
Rank: Elder


Joined: 8/1/2008
Posts: 1,432
Location: Marsabit
The timing isnt very good...
Nevermind what haters say, ignore them til they fade away - Just live your life
Magigi
#12 Posted : Monday, May 24, 2010 12:58:51 PM
Rank: Elder


Joined: 3/31/2008
Posts: 7,081
Location: Kenya
These are things we want to deal with later..

...brari uji baridi...
simonkabz
#13 Posted : Monday, May 24, 2010 1:02:01 PM
Rank: Elder


Joined: 3/2/2007
Posts: 8,776
Location: Cameroon
...a spanner into the works...
TULIA.........UFUNZWE!
mwenza
#14 Posted : Monday, May 24, 2010 1:02:39 PM
Rank: Elder


Joined: 4/22/2009
Posts: 2,863
hehehehehehe .....Judge=Brari Uji Baridi
IF YOU EXPECT ME TO POST ANYTHING POSITIVE ABOUT ASENO, YOU MAY AS WELL SIT ON A PIN
masukuma
#15 Posted : Monday, May 24, 2010 1:04:00 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
the Illegality has now been seen.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
masukuma
#16 Posted : Monday, May 24, 2010 1:06:47 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
you cannot force everyones culture and religion into article 45 of the draft (as long as they do not conflict with constitution) except for muslims.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
B.Timer
#17 Posted : Monday, May 24, 2010 1:09:02 PM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076

This was pretty obvious.
Discriminatory and illegal beyond the allowed 10mile strip.

Now the chalenge is how to escape some fatwa!
Dunia ni msongamano..
Amurabi.
#18 Posted : Monday, May 24, 2010 1:09:49 PM
Rank: New-farer


Joined: 5/5/2010
Posts: 92
Mwenza, At first i thought you were trying not to please anyone and thus creating controversy, but now having confirmed the breaking news i say, peace be with you. Now this whole thing is totally taking a different turn. What if now the court rules in favour of Omtata???
Some have been thought brave because they were afraid to run away.
Magigi
#19 Posted : Monday, May 24, 2010 1:17:45 PM
Rank: Elder


Joined: 3/31/2008
Posts: 7,081
Location: Kenya
...now this is very serious... I thought this would at least put all the Muslims in Yes camp...how fast things can change!!!

...Anyway just for safety sake, if you are sitting next to a male muslim, take cover! You never know when he is going to detonate those bombs they hang on their balls... ( a joke in bad taste!!!)

...brari uji baridi...
mkenyan
#20 Posted : Monday, May 24, 2010 1:20:58 PM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,883
the clueless kenyan judiciary strikes again.

i would wait to read the ruling/judgement but i find it funny that a PROVISION in the CONSTITUTION can be found illegal (unconstitutional?). how so when the constitution is 'allegedly' the supreme law of the land?

and what will be next? the bill of rights? the proposed affirmative action for women and those with disabilities in the proposed constitution?

problem with the kenyan judiciary is that at times they live in their own worlds and are never pragmatic - what if the sultan (given the historical context of the kadhi courts' inclusion in the constitution) talks of breaches and independence? or maybe some people from the coastal strip were to go to court and some judges decide that 'there is material breach' and reason enough for that strip to be independent?
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