only in kenya can people fight to be discriminated upon instead of ensuring that we have a FAIR document.
It doesn't have to be a PERFECT document - it has to be a FAIR AND JUST ONE.

@nanfor1, as long as the Kadhi's courts remain at the coast. everyone is happy - since that was the agreement.

nanfor, unfortunately you wont get any 'precedent' from masukuma and company. the fact is, if you take the constitution as the supreme law of the country then you can never question anything it says. all it says should be legal. the constitution says that if any law is inconsistent with it then that law is void to the extent of that inconsistency.

it does not say that there are provisions of the constitution which are more supreme than the other and if anything in the constitution is inconsistent with them then the same are void.

that is a fallacy. have gotten a copy of the ruling and want to see how the good judges have gone about declaring illegal the very document that gives them the power to seat as a constitutional court.

it should be noted that in kenya we have a written constitution, as opposed to the UK where they have a constitution based on the supremacy of parliament and thus the various acts of parliament.

on your first point, when all is said and done, a constitutional court derives its very existence from the constitution and when in interpreting it they declare the very constitution illegal (when all is said and done, that is what they have done) then they in effect they declare the very base in which they stand illegal.

my humble belief is that constitutional court should construe and protect the constitution, not amend it.

to try and make it clearer, when justice ojwang was still a lecturer, there is this student in his 'constitutional theory' class who once referred to judicial precedence as 'judge made laws' and he quickly rebuked him and made it clear to him that judges don't make laws, they merely construe them. put it in context here.

on the religious inclinations of the judge, given that it is the churches that have been most vocal about the inclusion of the kadhi courts in proposed constitution, i do not really need to spell out for you the relevance.

mkenyan

what scares me more is a bunch of fake christians going around beaming with glee. These are the same games the judiciary used to play in Moi's era. To these fellows as long as there are no Kadhis courts, Kenya is the land of milk and honey.

Very dangerous fellows these religious nuts.

You must respect Nanfor1 who appears to have read the ruling when all of us are relying on the 'breaking news'- personally in the daily nation website. The news is that certain Kenyans went to court with a grievance and some three judges agreed with them. The rest is in some 115 pages of a ruling ambayo tutapata tu.

Tutajisomea, tutajitafsiria, tutajiamulia, na kama kuna 'glaring errors' tutasema.

i think some will side with that just because it somehow furthers their cause and would not pause to question the substance and effects of the ruling.

good thing is that whatever the court will say on the proposed constitution, if it is subjected to a referendum and it becomes law then their view would be akin to declaring the wish of kenyans illegal.

still, lets see what the court of appeal will say about it.

@ nanfor. CRE is not discriminatory, as there is also IRE and HRE (Islamic and Hindu) taught in schools. There are Mission Hospitals, and schools as there are Muslim run Hospitals and schools, and none of them are funded by the government. So how are they discriminatory???

@ MASUKUMA you have tirelessly argued your point- this could be make even those who thought the process had reached a point of NO return to realise there is need for dialogue.......who knows may be,just may be they will listen?

but where is the african religious studies? what of the jewish ones? what of the religion of those who do not believe in God? are students tested for there in the national exams?

why does the proposed constitution in its preamble state that:

'ACKNOWLEDGING the supremacy of the Almighty God of all creation....'

not every religion believe in God and remember according to our good judges there has to be equality for all even in the constitution.

the problem i have with this ruling is as nanfor has stated, it opens a can of worms - lay a precedent for the constitution itself to be challenged, powers which only kenyans have.