Muslims ponder Kadhis’ courts ruling

By Standard Team

Muslim leaders have called a meeting in Nairobi today, as the Government dismissed the ruling on Kadhis’ courts as inconsequential.

The leaders said the ruling had shocked the faithful ahead of the constitutional referendum.

Council of Imams and Preachers of Kenya Organising Secretary Sheikh Mohamed Khalifa, Supreme Council of Kenya Muslims Chairman Abdulghafur El-Busaidy and Kenya Muslim National Advisory Council Chairman Sheikh Ngao said the meeting would decide next course of action.

"We are united on this issue and we will chart the way forward," said Sheikh Khalifa.

Sheikh Ngao expressed disappointment with the ruling, saying it was unexpected.

"We will discuss the ruling as Muslim leaders because it directly touches on the lives of the faithful. It can also cause confusion among Kenyans," he said.

He also defended the existence of the Kadhis’ courts, adding they stem from historical agreements.

Meanwhile, there were mixed reactions to the ruling by the three High Court judges.

Justice Minister Mutula Kilonzo and his predecessor Martha Karua described it as an assault on the Proposed Constitution

"The ruling has no bearing on the Proposed Constitution, but it is suspect and I consider it one of the hurdles facing the draft," said Mutula

He added: "Why has the ruling been delivered now when the referendum is about to take place, unless they want to poison the process."

He questioned whether the judges wanted the Muslims living in Busia and North Eastern for example, to be traveling to Mombasa every time they had an issue.

Ms Karua described the ruling "curious". "This ruling is legally and socially unsound and will now give Kenyans more resolve to vote for the proposed law to liberate themselves from such oppression," she said.

Bordering on Malice

The Law Society of Kenya Chairman Kenneth Akide also dismissed the timing as suspect and shocking.

"These are malicious intentions aimed at scuttling the ongoing review process…The High Court has no mandate to make such a ruling with the existence of the Interim Independent Constitution Dispute Resolution Court. The decision can and will be challenged," Mr Akide said.

The ‘Yes’ campaign secretariat asked Kenyans not to panic, arguing the ruling will not affect the roadmap to a new constitution.

"The ruling does not and cannot affect the constitutional review, nor can it stop the scheduled referendum," said Dr Stephen Njiru.

But the ‘No’ side welcomed the ruling, terming it God’s miracle.

MPs Julius Kones, Wilfred Machage and Joshua Kuttuny said the ruling proved Church leaders’ right, saying including one religion in the constitution is unacceptable.

"The clerics’ prayers have been answered and God seems to have communicated indirectly with the court. It is either all religions are in there or none of them," said Mr Kuttuny.