Campaign against Kadhi’s courts malicious

Kenyans live in a secular State and they have never voted in any election or referendum according to religious affiliations.

However, Christians are being mobilised to vote against the Proposed Constitution in the referendum because of an ‘inclusion’ of an age-old clause on Islamic courts.

The ongoing campaign by a section of Church leaders promises to pit the descendants of Abraham in a battle over a non-issue. Ironically, these latter day critics were delegates at Bomas where Kadhi’s courts were not identified as a contentious issue.

The Islamic courts clause that has suddenly become offensive to the eyes and ears of some anti-reformers is a cut copy and paste of the Lancaster House Constitution conference. The majority of delegates at this conference that for the first time incorporated Kadhi’s courts in the supreme law were Christians.

The drafters of the proposed law merely copied what exists in the current Constitution that states inter alia that "there shall be a Kadhi’s courts amongst other subordinate courts in Kenya".

The jurisdiction of Kadhi’s courts is limited to the determination of questions of Muslim law relating to personal status, marriage, divorce and inheritance in which all parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts.

Who, including the Christian clergy, doesn’t know that Kadhi’s courts, as subordinate courts in the Judiciary, do not deliberate or hear cases involving cross-faith relationships?

For the Kadhi’s courts to be outlawed, they must have encroached on liberties of other faiths at one time in history. A few politicians have added their voice to the churches campaign against a harmless faith.

It is worth recalling that opportunities to add value to the constitution-making process in the appropriate fora were squandered by these selfish leaders.

In the 2005 referendum, the clergy abandoned its flock and asked them to vote according to their conscience. Why the sudden change of heart now when fatigued Kenyans are about to acquire a new constitution?

Assuming the electorate rejects the proposed law on account that it legalises Islamic courts, Kenya shall continue with the present constitution that also sanctions the courts’ existence.

{Abdirahman Ali Hassan — MP for Wajir South}