AG seeks to quash ruling on Kadhi courts

 Attorney General Amos Wako has filed and appeal in court seeking to have yesterday’s ruling declaring Kadhi courts illegal quashed. Wako says the ruling by a three judge bench was itself unconstitutional.

Justice Joseph Nyamu, Roselyn Wendo and Anyara Emukule ruled that the inclusion of the kadhi courts in the current constitution was discriminatory against Christians and elevates one religion against others, therefore, going against the principle separation of State and religion.

The ruling sent shockwaves across the country as Muslims called for tolerance and consultations. Justice and Constitution Affairs minister, Mutula Kilonzo said the ruling was inconsequential and will not affect the quest for a new constitution.

Former Kabete MP Paul Muite told KTN that the ruling muddied the political scene but was legally irrelevant since the Kenya Judiciary was barred from interfering with the current review process. An independent tribunal was formed last year to handle all disputes from the review process.

Parliamentary select committee on Constitution chairman Abdikadir Mohamed said the judges acted in bad faith. "How do you say a section of the Constitution is unconstitutional. We are not talking about an Act of Parliament but a section of the Constitution," he said.