26 May, 2010

Kadhi's Court Ruling Download -Kenya High Court Decision

The Kenyan High Court Justices Coram of Justice Nyamu ,Wendo and Emukule delivered a ruling on the highly Contentious issue of the inclusion of the Muslim Kadhi's Court in both the current Kenyan Constitution and the proposed Draft Constitution that will be the subject of a referendum on 4 August, 2010.

Word of advice;before positing any arguments for or against the ruling delivered in the Nairobi High Court Case Miscellaneous Application No.890 of 2004  it is trite practice to read the Ruling first.
  • A copy of the Entire Ruling on the Kadhis Court can be downloaded from CAPITAL FM'S WEBSITE
  • For Those who are not Lawyers and cannot be able to digest the entire 114 page ruling and the different facets/issues the ruling  address.Kenya Law Report Website  has a Layman friendly version: Download


    1. From a purely technical viewpoint, they Judges are right (like it or not).

    2. However, the SPIRIT of the law has been flouted by this ruling because here the process of Justice (which is CONTEXT BASED) has been abused.

    - The ruling was kept in limbo and there's no explanation for the delay.
    - At this point in time, the Parties should have disqualified themselves on basis of their "Religion". Adherents of Traiditional religions, Hindu judges or atheists could have been called in.
    - Judges are perceived to be among the beneficiaries of any derailment of the proposed constitutions.

    Thus DESPITE being technically "correct", the ruling is repugnant in its timing, context and perceived motives.

    Upuzi mtupu. When you want to drain water froma a pond, you don't ask frogs for their opinion.

  2. Thanks for the friendly version link :)

    Nice blog!

    Core Bits

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