Speakers against Kadhi courts in new law

By Job Weru and Renson Mnyamwezi

The creation of Muslim courts and the system of government dominated a public hearing by the Committee of Experts on Constitutional Review in Nyeri.

Speakers were united in asking that the Kadhi courts should not be provided for in a new constitution, but were divided on the appropriate system of government.

The Reverend Margaret Prem, a speaker, said this would lead to nullification of other religions.

"If we include Kadhi courts in the Constitution, it would appear as if Islam is the official State religion, and other faiths would not be recognised," she said.

Former Nyeri Mayor Wanyaga Gathaka said other cultures and religions should also be included in the Constitution if the Kadhi courts are to be entrenched.

Another resident David Gitonga said Kenya is not governed through religion.

Disgraceful system

The COE’s vice-chairperson Atsiango Chesoni chaired its sitting at Information Hall.

Mr Wambugu Nyamu, a retired civil servant and Nyeri businessman said the hybrid system was disgraceful and the presidential system had failed to unite Kenyans.

"Leaders are fighting for power, and that is why we fought because parliamentary candidates divided people along tribal lines," he said.

Others, including Bishop Allan Waithaka of NCCK said the hybrid system was a sham and a source of chaos and trouble.

"The Coalition Government has very little if any to show," he said.

Speakers called for vigorous review of political parties and land laws, saying they were to blame for post-election chaos.

In Taita and Taveta District, residents want a majimbo system of government entrenched in the Constitution.

They said a devolved government would ensure equitable distribution of resources.

Presenting their views to the COE in Wundanyi town on Thursday, politicians, human rights activists and religious leaders said the region has resolved to lobby for a federal system of government.

"We want Majimbo factored in the new constitution as this would enable the local community benefit from its vast resources," said Voi Mayor Hope Mwakio.

The leaders told the commission chairman Nzamba Gitonga and his team they were opposed to the splitting of Coast Province and described the government move as political and out to divide residents.

Local leaders among them Special Programmes Minister Naomi Shaban, Assistant Minister Calist Mwatela and MPs Dan Mwazo (Voi) and Thomas Mwadeghu were conspicuously absent.