.svg) |
|---|
|
Economic schemes |
 Kenya portal |
Kadhi courts orKadhi's courts are acourt system inKenya that enforce limited rights of inheritance, family, and succession forMuslims.[1] The history of Kadhi courts extends prior to thecolonization ofEast Africa in the 19th century, and the courts continued underBritish rule and afterKenyan independence in 1963.[1] An estimated 7% to 20% of the population of Kenya is Muslim.[2]
In May 2010, a three-judge bench of theHigh Court ruled that the inclusion of Kadhi courts in currentConstitution was illegal and discriminatory.[3]
A newConstitution of Kenya approved byreferendum on August 4, 2010[4] establishes the Kadhi court system as a subordinate court under the superior courts of Kenya (Supreme Court, Court of Appeal, and High Court).[5]
The language of the new constitution (section 170) states, "There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under an Act of Parliament.... The jurisdiction of a Kadhi's court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi's courts".[5][6] The establishment of Kadhi courts in the proposed constitution was a subject of debate, especially amongChristian church leaders.[7]
This article incorporates text from this source, which is in thepublic domain.