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WILL YOU VOTE FOR THE PROPOSED DRAFT CONSTITUTION?
Nancy the insurer
#51 Posted : Wednesday, April 07, 2010 11:26:11 AM
Rank: New-farer

Joined: 3/31/2010
Posts: 6


[/quote]
you seem not to be informed that the Kadhi's courts in the proposed constitution is worse than what we currently have....Shame on you [/quote]

Can you please explain in english and without quoting a bible verse what you mean?

I heard that on k24 today...no one explained.
It is wrong for mods to give out wazua member IP addresses. This is war!
nostoppingthis
#52 Posted : Wednesday, April 07, 2010 11:36:50 AM
Rank: Chief

Joined: 8/24/2009
Posts: 5,909
Location: Nairobi
@ Wa_ithaka, i see this proposed constitution going through...watu wa "Yes" (including the "no" champion 2005) wanakaa ni wengi round-i this one....
nostoppingthis
#53 Posted : Wednesday, April 07, 2010 11:40:47 AM
Rank: Chief

Joined: 8/24/2009
Posts: 5,909
Location: Nairobi
@ Nancy...http://www.wazua.co.ke/forum.aspx?g=posts&t=6270&p=2#post71871.
The clause about "state and religion" has for the first time been removed from a proposed constitution.
Your tax will be paying for the running of the kadhi's courts even if hautahukumiwa huko...it is open for them to demand state funding (including trips to Mecca)
Nancy the insurer
#54 Posted : Wednesday, April 07, 2010 11:56:11 AM
Rank: New-farer

Joined: 3/31/2010
Posts: 6
nostoppingthis wrote:
@ Nancy...http://www.wazua.co.ke/forum.aspx?g=posts&t=6270&p=2#post71871.
The clause about "state and religion" has for the first time been removed from a proposed constitution.
Your tax will be paying for the running of the kadhi's courts even if hautahukumiwa huko...it is open for them to demand state funding (including trips to Mecca)



That is why it is important to stop listening to the unknowledgeable.

So what is so different now?

If you did not know this, you are paying for each and every court in Kenya right now. That includes the Kadhis.

In short, you are currently paying for the court right now.

This other assertion of the "first time" is crazy. I was in Bomas, it was there. Unless you want to say that your priests did not tell you the truth then. I wonder what else is new.

If you are really honest, why don't you allow your church, priest or prophet pay taxes like every other Kenyan business?
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Noble
#55 Posted : Wednesday, April 07, 2010 12:02:41 PM
Rank: Member

Joined: 8/19/2009
Posts: 173
Location: NAIROBI
Here is the difference.

Current

66. Kadhis' Courts.
1. There shall be a Chief Kadhi and such number, not being less than three, of other Kadhis as may be pro- scribed by or under an Act of Parliament.
2. A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless-
a. he professes the Muslim religion; and
b. he possesses such knowledge of the Muslim law applicable to any sect or sects of Muslims as qualifies him, in the opinion of the Judicial Service Commission, to hold a Kadhi's court.
3. Without prejudice to section 65 (1), there shall be such subordinate courts held by Kadhis as Parliament may establish and each Kadhi's court shall, subject to this Con stitution, have such jurisdiction and powers as may be conferred on it by any law.
4. The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being less than three in number) as may be prescribed by or under an Act of Parliament, shall each be empowered to hold a Kadhi's court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed: Provided that no part of the former Protectorate shall be outside the jurisdiction of some Kadhi's court.
5. The jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to per- sonal status, marriage, divorcc or inheritance in proceedings in which all the parties profess the Muslim religion

Draft
Kadhis’ Courts

203. (1) There shall be a Chief Kadhi and such number, not being fewer than three, of
other Kadhis as may be prescribed by or under an Act of Parliament.
(2) A person shall not be qualified to be appointed to hold or act in the office of
Kadhi unless the person—
(a) professes the Muslim religion; and
(b) possesses such knowledge of the Muslim law applicable to any
sects of Muslims as qualifies that person, in the opinion of the
Judicial Service Commission, to hold a Kadhi’s court.
(3) Without prejudice to Article 202, there shall be such subordinate courts
held by Kadhis as Parliament may establish and each Kadhi’s court
shall, subject to this Constitution, have such jurisdiction and powers as
may be conferred on it by law.
(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of
the other Kadhis (not being fewer than three in number) as may be
prescribed by or under an Act of Parliament, shall each be empowered
to hold a Kadhi’s court having jurisdiction within Kenya.(6) The jurisdiction of a Kadhi’s court shall be limited to the determination
of questions of Muslim law relating to personal status, marriage, divorce
or inheritance in proceedings in which all the parties profess the Muslim
religion and submit to the jurisdiction of the Kadhi’s courts.
Wa_ithaka
#56 Posted : Wednesday, April 07, 2010 12:10:00 PM
Rank: Veteran

Joined: 1/7/2010
Posts: 1,279
Location: nbi
Nostoppingyou- I can see you've read the book ignorance cover to cover. Ati taxpayers will pay for hajji? Do u believe that sit?
The Governor of Nyeri - 2017
Nancy the insurer
#57 Posted : Wednesday, April 07, 2010 12:13:52 PM
Rank: New-farer

Joined: 3/31/2010
Posts: 6
I think you have just shown why the muslims were scared. You guys are amazing.

So, you will be ok if all muslims were relegated to the protectorate area.

why then not go majimbo all the way?

lets have the kadhis court in the protectorate area and leave the rest of the country to the "holy" christians.

aiii yawa!

Please guys, vote No and still have the Kadhis court. Vote Yes and still have a Kadhis court.

In short, you are speaking in tongues that I can't understand.
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Magigi
#58 Posted : Wednesday, April 07, 2010 12:22:21 PM
Rank: Elder

Joined: 3/31/2008
Posts: 7,081
Location: Kenya
...Captain hajasema kitu....?
Wendz
#59 Posted : Wednesday, April 07, 2010 12:31:58 PM
Rank: Elder

Joined: 6/19/2008
Posts: 4,268
People, define FORMER PROTECTORATE? FORMER PROTECTORATE was not the coast region.... to my understanding, KENYA was the PROTECTORATE........... and even if it was the coast region, does it mean that muslims do not have the right to own and reside in any other part of the country except the coastal strip?

I am not even sure of what we are arguing about here.... so, what is the actual danger of having kadhi courts in the constitution? if we feel that another religion should not be treated "uniquely" then why cant the Christians come up with their courts and i will be more than glad to vote for them to be entrenched in the constitution? Its like stopping a goat from eating "miriyo ndikahuhite" and you are not going to eat them!!!!
poundfoolish
#60 Posted : Wednesday, April 07, 2010 1:06:01 PM
Rank: Elder

Joined: 12/2/2009
Posts: 2,458
Location: Nairobi
@Wendz..

there is also this 'Abuja declaration' that is causing panic amongst church leaders...or maybe they are just using it to cause fear amongst kondoo...
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