Our Terms of Use and Privacy Policy have changed. We think you'll like them better this way.

THREE KENYAN JUDGES CALL KADHI COURTS ILLEGAL AND HON.BALALA FIGHTS BACK.

  • Broadcast in Social Networking
Denzel Musumba

Denzel Musumba

×  

Follow This Show

If you liked this show, you should follow Denzel Musumba.
h:106267
s:1066679
archived
A three-judge Bench that ruled inclusion of Kadhis’ Courts in the Constitution discriminated against non-Islamic faiths set off a political firestorm threatening the reform process at its most crucial phase. It also set off claims the judges overstepped their boundaries, veered off to constitutional matters, and even a wild one that their action was suspect, probably because the Proposed Constitution seeks to send all serving judges home and recall only those who pass its rigorous vetting process. The Judges ruled that funding Kadhis’ Courts — which handle marriage, inheritance, divorce and personal status for Muslims — amounts to separate development of one religion and religious practice. This, they argued, was contrary to the principle of separation of State and Religion and was, therefore, contrary to the universal norms and principles of liberty and freedom of religion as envisaged under Sections 70, 78 and 82 of the Constitution. The Judges in the eye of the storm, even though they drew a line between their ruling and the current reform pitch, are Justices Joseph Nyamu (now an Appellate Judge), Anyara Emukule and Roselyn Wendoh. They were unanimous in their declaration the entrenchment uplifts Islam over and above other religions in Kenya, which is inconsistent with Sections 78 and 82 of the Constitution. Guys lets debate and open up our minds and see what we gonna do cos we have to define and sort this issu..cos our brothers are part of us and we must respect there views.

Comments