I once was NO but now im YES... until things turn otherwise

but as ive always argued constitution making is still POLITICS..
Ive also mentioned here before that the church has been given only 2 bones to keep busy at.

Its is the usual battle of the status quo versus forces of change.. and the have nots the faithful pawns..

maybe i should just go abstain

@nanfor1, CRE is not an evangelism class, nor is IRE nor is HRE. the point of those subjects is to teach the belief of s a bunch of guyz called Christians or Muslims or Hindus. if someone is ready to write a curriculum for African religious education - knock yourself out.
I have always believed Christians (as the bible defines them) in this country are a minority what we have as a majority is a bunch of pew-warming, church going, Jewish and European Name bearing folk. Who think Natural Law or the constitution was based on Christian Laws. Actually the same folk talked about earlier think the real Christians are "fundamentalist" or MOI backing or INTOLERANT - go on flatter us...if you haven't noticed....we don't care insults do not have hooks that will hold on to you once they are directed at you,
Jesus told us the world will hate us, you are rubber-stamping it.
on this point we are talking about lets make it clear ONCE AND FOR ALL. The Christian Church Wants the Constitution just like everyone else it just WANTS A JUST and FAIR document to all people living in this country including those pew-warming people who cannot see this INJUSTICE.

...@from a purely capitalistic perspective and with the simple notion of selfishness....i have decided to keep my opinion to myself.
...i have noticed that i may loose valuable friends,business contacts and most important family ties due to this katiba.
In that respect,my views shall henceforth remain confidential till i get a new constitution from God knows where.I am not prepared to loose it all in a day, neither should someone else.
..the debate must remain sober least we invest in another country.
...i hide my red shirt for the moment; till after the vote.

Both sides on this debate have real fears which cannot be wished away.
1. Those who want the Kadhis courts to remain in the constitution FEAR that if we remove them from the constitution, the Muslims will feel their rights have been demoted and can cause havoc the al-shabaab style.
2. Those who do not want the Kadhis courts in the constitution FEAR that the Muslims can use them to spread their religion throughout the country and easily turn Kenya into a Muslim Republic hence sharia law.

From where am standing, both FEARS may be real and genuine. The challenge is to find a middle ground that addresses these FEARS with a view to foster peace and harmony.

@masukuma, I agree with you. Most pple have abrogated themselves the tag 'Christian' yet pleadge their allegence elswhere. They confess to be christians yet deny Christ in their actions and lifestyles! As the good BOOK says, 'The battle is not ours but the Lord's', true christians must do what they must do and leave the rest to the Lord. This too shall come to pass.

any relationship of the ruling and this story?
http://www.nation.co.ke/.../-/stut16z/-/index.html

@nanfor1, I believe that the ruling did not necessarily amount to declaring the whole constitution illegal as you put it. A constitution is a man written document and can have flows, thats why it allows for amendments. The judges were refering to the inclusion of religious courts in the constitution and funding them by state funds and have interpreted that to be unconstitutional and descriminatory against other religions. Lets not be emotional about this. Atleast for once the constitutional debate has been based on issues, lets stick to issues.

Maybe we are reading too much to a small matter.

@Njunge

This is not a small matter


The same judges in their ruling accepted that they do not have the power to change the constitution.

In the same ruling they go ahead and say it is illegal to fund or even have the Kadhis court.

The danger is not with the Kadhi's court. It is the fact that some 3 people can decide that they can change the constitution at the same time say that they have no powers to do so.

They themselves have acknowledged that they have no POWER, read RIGHT, to change any constitution. However, they go ahead and set a precedent that will be used for ages to allow judges to change it.

@cruso If the constitution said that all Kenyans will wake up in the morning and pee outside their window, these judges cannot go ahead and say it is wrong. It is their duty keep that peeing in the window clause.

It is up to Kenyans to change a constitution not Judges.

I am saying this as someone who hates the old constitution. It is just an example of the reason why the judiciary in Kenya is just pathetic.

The only good thing is that I can now take them to their own court and say that their mere presence in that court is annoying me and elevating them to higher level than me. They are thus unconstitutional.

@kereka, then you need your eyes checked or make a reference to the abortion debate topic - we have debated that here and lets not lose focus. @2012, if the kadhi's courts are left where they were intended to be i.e. in the 10 miles strip - everyone will be happy. they don't have to push this illegality in mainland.
@nanfor1, don't act like you a shark in a feeding frenzy

the judges did not do any of the above. everyone wants the above.

@ masukuma, Whatever legal issues you have raised may be valid. However the matter I'm addressing is not a legal one but operational.