...Did anybody watch NTV Inside the constitution' yesterday? Though I am a YES man, it is becoming seemingly clear that come August 4 the draft constitution will be shot down. The deputy speaker was so agitated that to me he looked like he was about to 'detonate'. If there are muslims in Kenya who have more convictions than the Deputy Speaker, then we are headed for very serious trouble.

....one of the panelists mentioned that in South Africa the KAdhi courts were expunged from the constitution. How have other countries handled their situations eg Uganda where there are a sizable number of muslims, the USA etc. Does anybody know?

...Afew weeks ago my mother asked me what benefits will accrue fro Muslims by having the KAdhi courts in the constitution. I did not have an answer. Does anybody know?

I really do not see the problem with The Kadhi courts. There were many people who were saying that it should just be created using an act of parliament and not entrenched in the constitution. I really do not see the difference, either way it will still be created, right??? But if the latter will ease tensions then why not just do it???

Only 5 countries world-wide have Kadhis courts through out their nation. I think I can remember India, Jordan, Kenya and some other 2. South African Muslims wanted Kadhi's courts in the draft but after negotiations they saw that the customary law section would fit them too. In Kenya, we had a problem when CoE (despite public outcry) refused to label Kadhi's courts as a contentious matter and thus open up discussion on it. Now see what we have in our hands.
In Tanganyika, we have everyone working under customary law (JALA) - as long as its not contrary to the constitution (rights are not withheld).
My point is: Kadhi's courts are very relevant to the Muslim faith and it would be totally uncouth and insensitive to ask them not to have them. I am told the cost of running the Nairobi Kadhi's courts is less than 100k a month (this is a sum SUPKEM or NAMLEF can cough-up) But as far as constitutional matters are concerned everyone can be fitted into Article 45(4), even if Kadhi's courts are mandated under the act of parliament to be set-up, thats OK. We do not have to constitutionalize it.

'Afew weeks ago my mother asked me what benefits will accrue fro Muslims by having the KAdhi courts in the constitution. I did not have an answer. Does anybody know?'


The muslim will get their own fair share in sorting personal matters which non-muslim may not understand on how to deal with them...In a constitution everyone gets something....but not everything ..

Masukuma ....Out of the countries you've mentioned.... tell me any country which took the territory of another as Kenya took the territory of Sultan of Zanzibar?