Posted by: Family Media | May 3, 2010

Are Kadhi’s Courts a Threat To Our Country?

Should Kadhi’s courts be retained in the draft constitution? This question has become so sensitive that it risks dividing our nation along religious lines. Some Christians are arguing that including the courts in the constitution is (apart from favouring one religion) setting the stage for the introduction of Sharia law. Is this true and if so what are the implications on our nation? Do Kenyans really have anything to worry about? Advocates of the courts argue that they are effective in safeguarding social and moral values for the Muslim community. Kadhi courts are simply a dispute resolution court for Muslim family law issues i.e. Marriage, divorce and inheritance period.

As this debate rages, various views have been expressed by different people on the “Constitution Crossroads’ blogs regarding Kadhi’s courts. Among them is Alice who says she is speaking for many Muslim women that are unhappy with the courts. Though not a Muslim herself she says she has a devastated Muslim lady friend who confided in her.

Alice wrote: “… My friend told me that in reality these courts are a nightmare for many women. When her father married her off at only 14, her mother protested. The matter divided their home and ended up in Kadhi’s court. Her mother was told she could not change that decision and her protest was against religion and tradition. When she stuck to her position, her husband decided to divorce her …my friend was married off to a wealthy businessman more than four times her age as a third wife … as a result she lost her self-esteem and never finished her education … like many other Muslim women who suffer in silence, she’ll be voting “NO” in protest against Kadhi’s courts because they oppress women and are likely to become more powerful if entrenched in the constitution.”

This just one of the many comments we have received on this blog about Kadhi courts. Do you think Kadhi’s courts should be retained in the new constitution? Shouldn’t the constitution protect the interest of the majority as well as minority?

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Responses

  1. By including Kadhis court in our nation constitution draft looks like a favour to one religion. It would mean that if need be, we could also include e.g. Artificial contraceptive clause to favour the Catholic Church in the constitution. otherwise anything to do with religion and faith must be left to the concerned believers.

    • Hello.Mrembo but i fail to agree with you.Acceptance of the Kadhi courts in our constitution is simply a question of tolerance remember there are many groups in kenya each with a different identity.Each society is judged on how it tolerate and accepts its minorities.yusto

  2. thnx family for th informtn,i wdnt say really tht th church has lost its credibility,th scenario my mind is depicting thru all ths is that,if we have real christians in ths country,this is the only tym tht JESUS,is the only name tht makes sense,he is drawin a thick line btwn those who are really his and those who are not,the funny thing is that he is startng wth the church first,remembr judgement will start frm the house of God,the first culprit to knock the gates of hell wont be that drunkard or thief,it will be people who have servd God for a nice period of their lives.rather it is a tyme to deeply reflect what jesus means to us,bcoz blv me the sons of the bond woman know what their religion means.
    However i still have a reason to jump n praise because i knw tht God does not need numbers of multitudes to prove HIMSELF.He is I AM,he is not dependent,if he used one esther in to prove to naaman and the whole kingdom,that HE IS GOD OF THE ISRAELITES,if used three shadrack,meshack,and abednego to just declare his power,he also used prophet elijah against 400 prophets of baal,why should i be tepted to think that he has run short of witnesses?even elijah during the tym that he was running away frm jezebel,God asked him where he was going,he said he was running so that he wouldnt be killed,wat de God answer him,that there are 700 people who have not bowed to baal,i am convinced today that God is working in kenya in ways which are beyond our undrestanding. WATCH AND PRAY AND THEN…………..VOTE NO.barikiweni.

  3. My personal opinion is that i find it very difficult to agree with the proponents of the kadhis court to the effect that kadhis courts have nothing to do with religion. How do you separate religion(God) from issues relating to marriage! The kadhis courts are muslim courts to be presided over by kadhis who must be muslims. If kadhis courts have nothing to do with religion why must a kadhi be a muslim. why the descrimination on religious grounds. i saw a clause in the same constitution that says A person shall no be denied employment on grounds that he belongs to a certain religion. By stating that a kadhi must be a muslim is the constitution not contradicting itself! More so why should a kadhi be a civil servant. Doesnt that mean the constituion guarantees financing, promoting and propagating one religion against other religions. The consitution must guarantee equality. This is not equality! I will vote NO

  4. when we allow the kadhi courts it means as a church we are allowing other gods to rule our nation. this nation belongs to Jesus and we should see the plan of the enemy to hinder the revival that is to take place. where are the Christians who will not compromise and see God’s purposes stand. we are not VOTING FOR OURSELVES BUT WE ARE THE VOICE OF THE GENERATIONS AFTER US. THIS NATION BELONGS TO JESUS AND HE HAS GIVEN IT TO THE CHURCH(BODY OF CHRIST). CHURCH VOTE NO AND LETS KILL THIS DEVIL THATS WANTS TO STEAL OUR NATION

  5. LETS VOTE NO. THERE’S A SINISTER MOTIVE BEHIND THE KADHI’S COURT. JUST SEE THE WIDER MUSLIM AGENDA IN THE WORLD VIS A VIS THE PROPHECY.

  6. Yes kadhi’s court are a threat to the fabrics that holds this nation together.
    First the draft contradicts itself by saying there is no state religion and state and religion are seperate. The kadhis courts are dispute resolution courts for muslims- why you tax payers many to help resolve marital issues for muslims. Who pays our pastors when they preside over the same?
    Kadhi court being enshrined in our constitution is part of the muslim agenda to islamize the whole nation. We have sold our inheritance through piracy and oil monies to the muslims due to our gready leaders. Now we want to recognise the worship of other gods when our Jehova is not recognized.
    Christian lets reads the draft, understand and seek God will. Ask yourself what would Jesus vote- yes/no. My conviction Jesus would vote NO

  7. The Kadhi courts issue is a big issue and to me the agenda is to set the ball rolling to make not only kenya an islamic state but the entire of Africa. There is the ABUJA declaration which the Muslims are still pursuing and one way to make this happen is to put the Kadhi courts in the constitutions of African states. The church should continue to PUSH so that the NATION of Kenya may fullfill GOD’S purposes in our generation.We should not sell this nation for a bowl of soup.GOD ALMIGTHY HAS A COVENANT WITH THIS NATION AND AS A CHURCH WE SHOULD STAND ON THE LORD’S SIDE. VOTE A BIG NO:

  8. Kenya belongs to God and no one can take it from God.There are some battles that do not belong to God.The battle of the constitution belongs to God.All God required of us is to fast,pray and Vote No.He is in Control.Am convinced that this is the time REAL CHRISTIANS WHO REALLY KNOW GOD SHOULD STAND UP AND BE COUNTED FOR GOD.The Egyptians with all their BIG ARMY AND TECHNIQUES perished in the Red sea.God is still on the throne.FAST,PRAY AND Vote No wih no regrets AND RUST THE LORD TO FIRGT IT OUT

    • Hello Josephine.First Kenya is our inheritance from our fore fathers and God have nothing to do with sub-division of human settlements nor our quest for constitution.Remember both the bible and the Koran have their origins in the middle east. All the world major religions originated from within an are of 50miles.It simply mean god wanted co-existence of mankind what most of people profaning faith in Jesus today are really funny.Do you know that the man Jesus was close to moslems(ARABS) than you and me.No army ever drowned in the red Sea for at that time people used to cross where the Nile is today on foot to Europe.Where did Moses follow to reach the desert which do exist up to date in Sudan?Do you know that Moses’ wife was charcoal black?Have you ever asked yourself where the descendants of Moses disappeared?They were colored amongst the Jews.They were never accepted by the jews.IF YOU CAN REPLY.YUSTO

  9. I urge we Christians to read Galatians 3:3.Why are we belittling our God.I suppose we are running scared for nothing.We serve omnipotent God.The God of Shadrack,Meshak and Abednego.Kadhis courts cant scare us.We have read alot of literature concerning the Abuja Declaration of how muslims community would like to evangelize the whole of Africa.What are our plans to counter that? We do not need to oppose these courts as a way out of our situation.These courts are in the current constitution even if we reject this draft we shall still have them around.Christians lets witness to Muslims and we shall have NO MORE of Kadhis courts. We have failed to show LOVE to our fellow Christians which is the greatest tool to evangelization .We cant attract anybody to Christianity and as such we have resorted to physical approach.Christians are not protected by a piece of legislation but by the word of God.Lets support this draft and stop dancing to whims of the Lords of impunity.I cant see any religion being favoured here.

    • Clay, the point here has nothing to do with the “Bigness” of our God, it has to do with you and I endorsing a document that elevates on religion over the other.

      Have you read the article on this? Please access it on the COE website plus other clauses that mentions Islam 6 times in the draft!

      • Clay, The Question is if we support this document, what values are we supporting. God in History has called people to be involved in delivering Israel like Moses & Gedion. Are you Ready to sell our Country instead of delivering it. Please reconsider your stand.

    • Hi Kowino,

      Thanks for sharing your sentiments. I agree that no community should be discriminated but my brother, there is no one discriminating the muslims and as a matter of fact, they are not a minority and if its about descrimination, its christians who have been descriminated coz you will not be allowed to hold office in the GK office if you are not a muslim that is in the Kadhi courts in which it will be funded by GK FUNDS. Secondly my concern is that the kadhi’s are religious leaders at the mosques n I have an issue with them being elevated to government civil servants. This matters should be separate. WE NEED AN EQUAL KENYA. Can you imagine our bishops n clergy being elevated to civil servants? It will be a big mix up in this nation n no one would love us going that way coz it will be a burden on the economy. Let all religious groups deal with their issues separate from national issues.Muslims are part of us that is why we want them to be treated equally just as any other kenyan whether christian, hindu or muslim or any other. Being a christian does exempt one from participating in matters of governance and social action issues thus NO ONE IS JEALOUSY of anyone, what we desire is to have a one Kenya where there is equality in religion and any other right. I would advice that you keenly read the constitution n read in between the lines. Thanks and lets be the eyes for the future generation. we owe the future a fair deal. Lets vote NO WITH LOVE.

      • SORRY FOR ADRESSING YOU ASS KOWINO INSTEAD OF CLAY. IT WAS A SIMILAR THOUGHT THAT I WANTED TO SHARE WID YOU ALSO. BARAKA N VOTE NO

  10. Do you leave the door wide open at night because God will protect you when the thief comes in? I do not believe we are belittling God Almighty by voting against the kadhi courts. We are standing firm, declaring and acknowledging that although we do respect freedom of worship, Kenya is a Christian nation and so should the constitution bear witness to that. With all due respect, Kadhi courts should only exist in the constitutions of muslim countries. my vote is NO.

  11. We know our Redeemer lives with or without Kadhis Courts. Daniel worshipped his God in a place that decrees against Jehovah thrived. He was not cowed. His simple yet consistent devotion opened the Heavens. God came with power to rescue him since he was found worthy in God’s presence and before men.This changed the course of faith in that nation. What is our attitude today? The Lord will defend the just. Are we just? The Lord will use a tool to discipline us. Have we acted well not to be disciplined? Let us face the Lord and plead our case. If the constitution is to block the witnessing,then it must fall and if not it can pass. I urge us to call on the Lord and hear His voice that will guide us at the referendum. The Lord will speak. Lets go on the knees.

  12. Kadhi courts have been there since indipendence,indeed it has nothing to do with christianity and christians.Do we christians need a court of our own to get legal rights?what about hindu etc.

    Denying brethrens new constitution on the basis of the above doesn’t appear to be logical.We have to be honest to our self and respect our conscience.

    AM PROUD OF YESSS.

    • Detention without trial have been there since independence why are we removing it? kadhi courts have been there without my approval and now that they seek my approval i simply say NO

    • The Kadhi’s courts existed prior independence. It was a 10mile stretch of land that was under the sultanate of Zanzibar. Before the independence, the colonialist approached people in the coast as the slogan for the African freedom fighters was Mzungu Aende Ulaya Mwafrika Apate Uhuru(maumau). The technicality of the people of Arab origin not being included in the fight for freedom created a loophole as the colonialists sought to make the last attempt for the giving of independence. As time was running out it was hurriedly agreed upon that the demands for the people of Arab origins will have a say was the inclusion of the Kadhi’s courts in the constitution.

      Looking at the Constitutions of other East African states, there is no inclusion of the kadhi’s courts in them. Uganda is the only nation that is a part of the International Islamic league in East and Central Africa- which it entered during the days of Idi Amin. Yet they (kadhis’ courts) are not entrenched in their constitution.

      Are these courts of any significance to the Christians? Not really… The only mistake is that This draft constitution clearly states that There shall be no state religion- Then it goes further to make Islam more equal than the other religions (Christianity included). Secondly, It has been said that in the Abuja declaration, that Muslims vowed to make Africa the first Islamic continent by building a mosque every 1km- I have looked at the declaration and haven’t seen that. However by virtue of it being on the internet it may be censured going by what is happening in Kenya today. Muslims are going buying property in the country that prices of houses and property in prime areas have sky rocketed- There could be a debate to that.

      If we allow the Kadhi’s courts to be in the constitution, we are simply saying that they are the state religion. That means that Islam imposing Sharia law on the nation in the future would be legal. If we do not have these courts in the constitution, We ought to be prepared to have another Jos in Kenya. The Alshabab has her sentries in Kenya. It is only yesterday when the reports came that the Al Qaeda has trained its operatives on the forgery of Kenyan legal documents. There are more to come.

      Looking at this from a Biblical perspective, it is clear to see that the spirit of Islam is the spirit of the Anti-Christ. Different parts of the draft constitution reveal that Kenya shall abide by the international laws which she is a signatory. A couple of weeks ago, Hon. Mutula Kilonzo and His entourage to Geneva were urged to make room for the gay people. All these loopholes are within this draft. What is to be Got to be.

      Christians brace your selves for the fulfillment of prophecies as the return of the Lord draws nigh. Make every effort that your garments shall not be stained or soiled. For as Lord Jesus returns, He come s for a bride without wrinkle or blemish and as it is written in the epistle by Peter (II Peter 3:1-4 This second epistle, beloved, I now write unto you; in both which I stir up your pure minds by way of remembrance: That ye may be mindful of the words which were spoken before by the holy prophets, and of the commandment of us the apostles of the Lord and Saviour: Knowing this first, that there shall come in the last days scoffers, walking after their own lusts, And saying, Where is the promise of his coming? for since the fathers fell asleep, all things continue as they were from the beginning of the creation.)KJV

      Hold on to the faith and if anyone suffers it should not be for any wrongdoing but God knows how to deliver the righteous from all testing.

      Blessings

    • If so show us a statement in this draft”all religions shall be treated equally.

  13. Common my brother Clay, lets be honest. If this is the thoughs you want us to have, then it was useless for God to have allowed Christ to come and be humiliated on the cross as it was possible that He would have simply declared the works of Salvation as a very Big God who may not neccessarily need us. We must work out our salvation my brother, it does not come on a silver platter because God is a big God. Why did God need Paul, remember He was still a big God.

    You must stand out and be counted as a Christian and not hide in saying that God is a Big God, yes He is, but we must faithfully serve Him with deligence. Let your NO be NO, your YES be YES. We are not dancing at the wims of anybody. Barikiwa ndugu.

  14. The church should rethink strategy. Be part of the planing and reform programs run by the government . the church should now lobby for qualified individuals who will take care of there interest, to be appointed judges, diplomats, and also start thinking of taking up organizations such as K.F.F , A.S.K and others which are run by elected members also civil society’s and other lobby groups this will give us more power and credible jobs for the prosperity of the kingdom of God.
    the bishops can then remain as patrons just to oversee.time to think outsid the box God Bless.

  15. I want to submit to Kenyans that the church has no biff whatsoever with the Kadhis courts or the Muslims.. It is the constitution of Kenya that the church has an issue with. and we agree with the government the Kadis court is not a big issue the reason why its not supposed to be appearing in the Kenyan constitution. thank u.

  16. Understand….kadhi courts remain an abomination in our Nation see what is happening in Somalia bloodshed..we have come this far by the Mighty Hand of Jehova Sabaoth Kenya.Christians we don’t fight against flesh and blood and also our weapons are mighty through God they are spiritual..I declare the blessing of God upon everyone who votes No..these courts have divided nations that God desires to see as a treasure..am praying and join the bandwagon in fasting and prayer as the days of Esther God will deliver His people..this time around they want to get hold of the economy so that we go back to slavery..i thank God for many are coming on the No side..In Jesus Name..If God be for us who can be against us.

  17. NO is the ANSWER for us Christians because WHAT GOD CAN DO NO MAN CAN DO lets arise and pray

  18. Teka says

  19. The court has no effects on christians. We haven’t heard of any clouse mentioning any dispute btn a muslim n a christian, meaning if any arises both wld face court of justice. Neigther is the court given any benefits from government, then, why shld it bother us? So, let the muslims reject or accept it but we christians should not mind. It be there or not, we still praisd Lord Jesus.

    • Ochola,

      Picture this.You are living in an apartment block.Your apartment door opens, directly opposite to that of your immidiate door neighbour,now one day you discover that your neighbour keeps poisonous snakes in his apartment for pets, will you be concerned or will you be ok with it seing that he is in his own house and you are in yours?
      The Kadhi’s courts are part of the Sharia and are very toxic in places that they have been recognised.Now there is this urgument that there are in the current constitution.But the question is why change the consitution a then? if we will carry forward the wrongs in the current consitution why not just stick with what we have?
      Poison is poison regardless of its colour parckaging.

      • Ochola I agree with u 100%.

    • If Today you landed in Somalia, what law would Judge you, In Nigeria christians and Muslims are fighting, do you know why, I asure you Kadhis Courts have something to do with you. What happens if we get a Muslim President Like TZ. Kadhis courts wherever they operate have jurisdiction over civil cases, Please read the Stories of Somalia & see that if we endorse them, they may grow & one day your son may stand in Kadhis Court. Find out what TAKIA means.

  20. It is amazing to see that some claims to be christians yet they do not unnderstand what Hosea 4:6 really means. How on earth can one religious group be so selfish to the extent that thw whole nation becomes BLIND and LAME to their manipulation?

    The proponents of these courts are a very selfish lot and i have no idea why true Christians cannot wake up from their sleep and see the big picture. We do not want our country to become another nigeria or Somalia.

    Finally, in these last days, GOD is counting on those who will truly stand to be counted. The argument that kadhi courts were there since independence is demonic and should not be entertained, why then should be involved in this process?

    We do not need religious courts to propagate our FAITH and GOD can protect HIS people no matter what.

  21. Brethren 2nd Chron 7:14 says “IF MY PEOPLE WHO ARE CALLED BY MY NAME,WILL HUMBLE THEMSELVES AND PRAY AND SEEK MY FACE AND TURN FROM THEIR WICKED WAYS,THEN WILL I HEAR FROM HEAVEN AND WILL FORGIVE THEIR SIN AND WILL HEAL THEIR LAND.!!!!

    The scripture is loud and clear,all of us who are called by the name of the LORD,should do what the LORD is telling us in the above scripture then vote NOOOOOOO.

    Quote “if the kadhis courts are simply a dispute resolution court fot the muslim family law issues” MY FELLOW KENYANS,why,why would it be included in “THE CONSTITUTION”? Kenya is 80% Christians,let us PRAY AND FAST like Queen Esther did,then vote a BIG NO IN JESUS NAME!!!!!!! Then let us watch our HAMAN being hanged in their own gallows that they prepared for us.WASHINDWE KABISA.

    Let us ashame the devil and vote NO!

  22. To my opinion i will vote no to Kadhis court coz this is injustice to muslim women.Even if it does not affect us christians we should take the example of jesus christ by asssisting others.I hope christians will practice what they have beeen taught in churches and help others.God Bless.

  23. I urge you to read the following sections1. supremacy of the constitution item 3 states: “the validity or legality of this consitution is not subject to challenge by or before any court or other state organ”

    2. Defence of the constitution: item 1 “every person has an obligation to respect, uphold and defend the constitution”

    in light of the above it will be difficult/impossible to amend the document once we pass it. it may have a lot of good input but the flaws make it highly toxic. as stated by someone above, we do not have an issue with the Kadhis courts. but let them not be in the constitution. or else we should include all other dispute resolution organs by the various interest groups including christians.

  24. No. if it is only for family dispute resolution and no other agenda why have it in the constitution? i also have my dispute resolution pro gramme at the family level and it is not a constitutional matter

  25. kadhi courts if it is for family disputes, why put it in the constitution? All communities in this country have their own ways of resolving family disputes! Dont you see they (muslims) are trying to insinuate the truth BUT with a drop of lie – CHRISTIANS WHERE ARE YOU?? we serve a MIGHTY GOD – vote NO. This is the time to put this country in the right direction for the bettermnet of the future generation.

  26. Everybody who confesses the Christian faith has no choice but to vote no cos our God is a jealousy God,am very far travelled and i know how people have a passion for their spirituality something that is scarce in Kenya,the Kadhi courts currently in the constitution were not voted in by Christians,but if you as a Christian vote in Kadhi courts now, you will be spiritually responsible for their evil effects in the future.Every penny you make and spend is taxed even before you pay your tithe or offering so you will have contributed first to Ceaser(which Jesus acknowledged)and willingly if you vote yes ,to Islam that is antichrist (baal worship).THEREFORE FOR CHRISTS’ SAKE VOTE NO…whether we win or lose we will have done our part so that God can protect us & our generations from all evil !

  27. Why cant we be given a chance to vote for these contentious issues separately?

    • That was denied so as to trap us in a corner but we are hard presssed but not crushed my brother just pray and vote NO and leave the rest to MAN OF WAR

  28. My worry is even if we vote No to the draft constitution what will we have? The current constitution that has the kadhi courts already. Will we have solved anything?? As per one of the comments above, we vote yes then pray to our God and evangelize and witness to both muslims and fellow christians and live lives that will make people desire to be like us including our muslim brothers. We should also be careful of the people we elect to parliament and have more christian MPs because if we had, this issue would have ended at parliament when they had a chance to ammend. Otherwise Christians lets wake up and follow Christ otherwise….

    • Shiro,

      There is a marked difference between the draft and the current constitution in the context of the kadhi’s courts in that in the current constitution,the kadhi’s courts jurisdiction is limited to a 10 mile radiaus from the Indian ocean ( upto mariakani). Whereas in the draft,the jurisdiction has been inreased to cover the entire country.Now the bill of rights exempts the muslims and includes the christians.Now in the bill of rights it will be an offence for you as a christian to propagate your faith to others i.e evangelise.This provision however doesn’t affect the propergation of the islamic faith seing that they are exempeted from the bill of rights.And muslims will never want to be like us.The foundation of their faith is that Jesus Christ is not God and if you can’t convert to Islam peacefully then force must be used.Christians and Jews are their mortal enemies.
      Shiro FAITH WITHOUT ACTION IS DEAD if christians don’t shot this
      draft down,we might not be able to follow christ by 2030.This is a very deep and dangerous spiritual battle and we need to support our church leaders with both our prayers as well as our votes.
      To amend anything in the draft if it is passed will mean another referedum

      • You are on point. The former section 66 speaks of their existence in the former protectorate. why expand their jurisdiction?

    • EEEEEEEEEEEEE SHIRO we are thinking of future,we thank GOD for you that you have a passion of reaching muslims and all should have it,i hope GOD has used you to win quite a number.but think of a genaration that may come and not be zealous for outreach and the birth rate of muslims being four times of an ordinary christian soon they will be more than next genaration if not ours,what will happen? have you ever consulted anyone who have stayed in asia?secondly does GOD approve raising altars to other gods then you evangelize?OBEDIENCE IS BETTER THAN SACRIFICE.

  29. No. Because As a Christian, am obliged to take care of the current issues for they have effects on me and on other generations. An old man, claiming to love Christ and take care of the nation told me that he is looking at the goodies in the constitution and they don’t worry about the ignorant youth, citing that the youth doesn’t even care to get voters cards. Be cautious youths the old are too loyal to the government projects. We got to stand and say no to this menace. Vote NO! for heavens sake.

  30. I will vote a STRONG NO. Religion and States should be separate. We dont want Kadhi’s court in our constitution. God loves family so do I.

  31. Kadhis Court has no threat to the Country,it only creates more peace in the country by ensuring that the muslim community are not discriminated in the country.they are part of us.IF WE ARE TRULLY CHRISTIANS WHY ARE JEALOUSE ABOUT OTHER RELIGIONS,FAVORS.TO SHOW CHRIST’S LOVE TO THE MUSLIMS I SAY YEEEEEEEEEEEEEEEEEEEEEES TO KADHIS COURT.

    • Hi Kowino,

      Thanks for sharing your sentiments. I agree that no community should be discriminated but my brother, there is no one discriminating the muslims and as a matter of fact, they are not a minority and if its about descrimination, its christians who have been descriminated coz you will not be allowed to hold office in the GK office if you are not a muslim that is in the Kadhi courts in which it will be funded by GK FUNDS. Secondly my concern is that the kadhi’s are religious leaders at the mosques n I have an issue with them being elevated to government civil servants. This matters should be separate. WE NEED AN EQUAL KENYA. Can you imagine our bishops n clergy being elevated to civil servants? It will be a big mix up in this nation n no one would love us going that way coz it will be a burden on the economy. Let all religious groups deal with their issues separate from national issues.Muslims are part of us that is why we want them to be treated equally just as any other kenyan whether christian, hindu or muslim or any other. Being a christian does exempt one from participating in matters of governance and social action issues thus NO ONE IS JEALOUSY of anyone, what we desire is to have a one Kenya where there is equality in religion and any other right. I would advice that you keenly read the constitution n read in between the lines. If you say that the kadhi courts will bring peace, I disagree coz its already a contentious issue which is unlike peace. Thanks and lets be the eyes for the future generation. we owe the future a fair deal. Lets vote NO WITH LOVE.

  32. to those that see it as athreat.lets be realistic.”pili pili usio ila yakuwashia nini hebu tugutuke tuache ubaguzi wa kidini

    • Ndugu yangu tayari tushabaguliwa kidhini kwa kuwa maoni yetu hayajatiliwa maanani. Being realistic my brother includes reflecting upon the past and working today for a better tomorrow. And thats exactly what we are doing we want a better tomorrow where our children shall enjoy equal religious treatment. And its not a matter of a threat or not but of justice. Thanks n lets vote NO

    • Kowino, pilipili hii jhatuili ila yatuwasha macho sababu tumekaribiana nayo. I would like to think of Islam as a religion of peace as you have said but one thing I am cautious about is ending up like in the UK or France where when I talk about Jesus out of the love I have found in having a relationship with and the freedom I have found…. not to mention the life… Nitatiwa kibindoni. Islam is not a religion but a TAKE OVER. The proverbial camel illustrates this so well. It came asking for a place to shelter its her in a man’s hut. The next thing it pushed the whole neck just saying… “I am only for this part of my body”…In the end the whole body was in and the owner of the house was out and the camel had no apologies to make.

      Let’s not be blinded by the myths that the kadhi’s courts aren’t a real threat… And if they are out of the constitution, I assure you they shall resort to war and terror. Do you recall the early 90’s with the IPK(Islamic Party of Kenya) skirmishes in Mombasa? May be not but I was living there and know what it was like.

  33. HI,Family.am the pastor of JESUS WAY MINISTRIES and the following are my few comments about the issue of kadhis court.i think the government and constitution experts have made a big mistake to include favor of religion in the constitution which is made to serve all Kenyans. i really don’t know whether they did it under fear of Muslim faith or because it has been there.this is to divide the country and division of the little resources of the country. every religion have got there own laws why not included if it is the case.i as a citizen of this country i don’t see the reason of including the Muslim laws in the draft.asantee.am therefore for a NO vote

  34. I am amazed at the way we are approaching the issue of kadhis court inclusion in the draft constitution!We claim that Kenya is 80% xtian,but conveniently forget that it the same xtians who butchered one another in the pev of 2007.If this is not hypocrasy then i don’t know what is.
    As for those voting NO because they sympathize with the way muslim women are treated,they are not telling us that whoever is aggrieved with the decision of the kadhis court has a recourse to the high court!The kadhis court is not a superior court!
    Finally,i want to believe that all the comments we are reading here are from xtians.If we are xtians as we claim to be,then FEAR NOT!And let us tell the truth.

  35. I am a Kenyan raised in Nigeria. I lived in Nigeria for 26 years. These were the years BEFORE the Islamic(Sharia) courts in the North of Nigeria which is predominately Muslim. Muslims + Christians lived in harmony. We went to school together, celebrated holidays together etc.

    Fast forward to the time AFTER the Islamic(sharia) courts. The north is almost a no go area for Christians. The news has been of killings of Muslim and Christians, uncouth punishments for women, marrying off of very young children etc

    I beg to ask the question, Is that what Kenya needs? I have nothing against the true Muslim but we are in proximity to fanatical Islamic fundamentalists and they may interfere with the courts.

    Kenya is a Christian Nation.

    Lets see beyond our nose. Lets not politicize this issue, lets not play card games with our lives and the lives of our children.

    Kibaki + Raila, that piece of document will bring more grief than joy. I need a new constitution but not this blood stained one you give me! I have a son in Nigeria who is Nigerian. I looked forward for years for a new constitution that would allow my son to be Kenyan too. In other words, have dual citizenship, This was my opportunity…But that can wait.

  36. We should Vote No. This way we do our Part. We are not in contest. even if the Draft passes, it shall be known that the Christian Family said No. Let it be on record.

  37. Dear friends, it is true that Kadhi courts appear in the present Constitution. What the Yes proponents are not telling us is that, the current draft only talks about having it within the 10km coastal strip, yet in the proposed draft, the courts have been expanded country wide. Are you also a ware that, the Kadhi courts in Nairobi contravenes the very constitution as they are here illigally? Which constituion was used to expand the current Courts to other parts of the country? Can’t you read mischief in this whole dealings?

    Friends, we do not have a problem with our Muslim brothers and sisters having these courts, these are their rights, but they must be placed in their rightful place not to hurt people who have nothing to do with them, let them be enacted through an act of parliament, period. Why tax me sort out somebody’s marital problem? We have been bashed and called name as Church, but this should not bother us. Our is not about winning this referundum but standing for values. I will vote NO with no regrets. Ngamia.

  38. I get your point Stu, I was to vote yes but Thanks God i posted my comment. If they must have a kadhi court let it be as per the current constitution with limited jurisdiction but nothing more because i think they need them for their family and marriage issues. Am a NO material. We dont expect to leave the door open and expect God will come and keep watch over us even whenwe dont do the little we are expected to do for Him to do the rest.

  39. this courts have very little effect,if any at all to christian believers. they have all along existed and they have never been an obstacle to my faith. it is the relationship between me and my God, my convictions, my willingness to follow christ that are important. Gods law is in the bible. the constitution addresses most the things that have undermined our development(social,economical,governance and political). it is rather a wake up call to christians to be true to the faith. we are busy pulling each other down…remember 2007 christians killing christians, christians preaching hate on fellow christians…lets us be consistent and remain true to jesus
    this constitution have many benefits, lets VOTE YES. it cant be perfect.

  40. Like the children of Israel in Egypt we have gotten to the point of entering the promised land but this Jordan (Kadhis court) is standing on our way. WE need the men of God to lift the staff and part the waters. If it has taken all this time bickering and we are still not able to throw them out of the constitution, what makes us think that we will be able to amend it once we pass it? I would not be foolish enough to poison my kids just because we have a good doctor in town. I would rather keep the poison away from them or better still get rid of it.

  41. The clergy is a prophetic voice.A prohet can see many years ahead in spirit and warn the nation of Kenya.In old testament those who didn’t listen to the prophet were punished by God.Kadhi courts were not democratically endorsed by majority of kenyans by they were as a result of give and take agreement between few individuals but its an error to repeat the same to appease few individuals. In some years to come it might be used as stepping stone to introduction of antichrist and generation to come will blame us if we endorse a constitution we don’t wholly believe in.lets stand firm for our salvation is near than we believed.lets us see christians of 2000 years to come enjoying christinity with no hinderance.Our conscience is ripe and we cant sell our birthright.

  42. Brethren remember Turkey as a country is holding back only because of the European Union to get Good trade Deals and Protection, lest Sharia Law could have taken Effect Long time ago. Remember how Christianity was deeply rooted before Islamization. We could be heading or taking the place of Turkey or Syria in that case. Lets petition to God and show by our Vote that we are not going to sell our inheritance to this demon called Islam.

  43. Exodus 4:2 And the LORD said unto him (Moses), what is that in thine hand? And he (Moses) said a rod.

    God instructed Moses to cast the rod to the ground…..

    Brethren, what is in our hands is our Vote and with it, by faith we will move mountains. Consider it the stone in David’s sling annointed to bring down Goliath. If the Lord be on our side, let Kenya say, who can be against.

    Oh Lord, our Father watch over the words of your Prophets to fulfil them. Let no one ever ask where is their God.

  44. I am dissapointed with the muslim community because they are the minority in our country and they are not defending themselves but in any way are they the only holding religion in this country for them to be included in the constitution.All religions are EQUAL.sO If we include one all others should.By the way did you know it is only 5 countries who have entrenched Kadhis court in the constitution and an example of one is NIGERIA and you know what problems are there because of that.TZ has 50% xtians and 50% muslims and NO KADHIS COURT and are VERY VERY PEACEFUL.Please our learned friends including GRACE KAMOTHO read between the lines thatYOU ARE SELLING YOUR COUNTRY TO MUSLIM COMMUNITY and they have identified their KINGDOM AT EASTLEIGH by purchasing plots from Africans at 3 or 4 times.PLEASE BEWARE.

  45. why did jesus not participate or even initiate in opposing the Romans through armed resistance or change of the laws or constitution? Why did the disciples not try to change the laws by appealing to pilate or the emperor to change the laws of the land to their favour.Aren’t christians in this country missing to practise what jesus taught?

  46. If jesus were alive today are you likely to find him opposing the Kadhis Courts or the constitution or he would be busy healing people and preaching the word from his father? Jesus in his life time spent his time teaching people not about the ills in the existing laws governing palestine but about how to live lives acceptable to God.I think our religious leaders fall into the category of the pharisees and sadducees and there is no God in them and following them is just getting lost in sin.

    • talk about faith without actions,what did GOD mean by telling israelites to remove all high places,do you know allowing kadhi courts is saying there is another god beside our GOD.ITS AN ALTAR THAT SHOULD BE PULLED DOWN AS SOON AS YESTERDAY!!

    • In Matthew 23, Jesus Gets bare knuckle with the system. It is sad that “Read the Bible” you are looking at the pastors as the pharisees and Sadducees. Please get to understand that Jesus’ stand on these people was that of us “Christians” taking a stand on the socio-economic stance of the day. The saducees were the connection to the government arm and the Pharisees were on the religious side. Both oppressed the people of God with laws and rules that were not meant to be. Read it and know what Jesus was actually involved in. It wasn’t only in the coming Kingdom of God.

      Why was Jesus taken to Pilate and to the Sanhedrin if they never thought that He never did any wrong to the Roman government or the temple government? Jesus was involved in the day’s politics.

  47. Yes. The muslim courts are a first step in gaining control of our land. The word of the lord declares..The sceptre of wickedness shall not rest in the land alloted for the righteous. Kenya is the land alloted for the righteous who worship the only true God- The God of Israel Yahweh thru Jesus Christ. We should now not allow our birthright Kenya to be infiltrated by foreign gods to defile our land. Let the saints pray watch, and affect the outcome thru the vote. May the will of God prevail in Kenya always and may righteous always outnumber the wicked.

  48. Yes. The muslim courts are a first step in gaining control of our land. The word of the lord declares..The sceptre of wickedness shall not rest in the land alloted for the righteous. Kenya is the land alloted for the righteous who worship the only true God- The God of Israel Yahweh thru Jesus Christ. We should now not allow our birthright Kenya to be infiltrated by foreign gods to defile our land. Let the saints pray watch, and affect the outcome thru the vote. May the will of God prevail in Kenya always and may righteous always outnumber the wicked. Amen

  49. Christians this is the time GOD is separating us from the chaff,if God did not spare Hagar and openly sent her out of saras territory why do we stand to invite her back.Kenya is part of Israel and we are blessd generation WE VOTE NOO!

  50. Personally I think that very few people know what khadhi courts are all about. All that they deal with is marriage, divorce and family issues. So if they are allowed a muslim won’t have to travel al the way from busia to mombasa to have his problems solved. We are al GOD’S children and we christians are not on top of the food chain. Do unto others as u would like them to do unto you

    • to Augustine
      “Personally I think that very few people know what khadhi courts are all about.”

      bold statement in a post 9/11 world, augustine are you sure?

      “All that they deal with is marriage, divorce and family issues.”
      last time i checked islam includes a whole system of government, philosophy of law and social ‘justice’ that is if you think beheading, amputation and stoning can be called ‘justice’ for small crimes liike stealing. the kuran has rules for all areas from economics to religious matters , and everything in between.

      “do unto others as u would like them to do to you”
      interesting choice of quotation from scripture, would you like to see muslim women subjected to the humiliation of a sexist religious courts? courts using an odious system of law conceived int he 6th century by a questionable individual? would you like to see non-muslims eventually denigrated to second class citizens? well check your facts on islam, and get out of the political correctness. we can not have onyone within our borders subjected to anything that is less than true justice, personally i would not allow any form of injustice being perpetrated against anyone within the borders that my taxes pay for.

  51. christians i beseech thee by the mercies of GOD to pray and fast for our land.the devil has come with force and tricks and offers just to tempt us to fall into temptation of selling our land.i believe only the father of our LORD JESUS created heavens and whoever believes otherwise is still in darknesss where i once used to be,i cant believe or approve another that is why i vote NO.because of my faith,simple.

  52. Yes, christians and muslims are all equal. why are christians being subjected to Civil Laws whereas we muslims all are marriage, divorce and inheritance cases are simple and takes a very short time. Lets be fair to our christian brethers.

  53. It is very unfortunate or fortunate for us that we are being required by destiny to be the ones to decide fate for the generations of Kenyan to come long after we are gone cos ones we vote ‘yes’ now we are responsible for the death of the unborn kenyans who will die because we allowed abortion if we vote ‘no’ we will put up with the old constitution fot a time then have an opportunity to make new one.I WILL VOTE ‘NO’ so that i do not corrupt MY HUMAN FOOTPRINT which i cannot change later after am long dead.

  54. Kadhi’s courts are definitely a danger to our country. from the spiritual point of view, it is not equality that we are fighting for, it’s the liberation of our future.

    The courts should not be apart of our constitution. I am a Christian tax payer who is not willing to pay for the services that do not further my beliefs. Having Kadhi courts in the constitution will mean that my taxes are being used to fund a religious course that does not agree with my beliefs.

    Kadhi courts are just but the 1st step to making this nation an Islamic state. we are Kenyans who respect each others freedom of worship. Let the Muslims operate the Kadhi courts, not as part of the constitution, but as part of their religious practices.

    I will Vote NO because I have the interests of this Nation in my heart. I want a future for my kids, my grandchildren and the generations to come.

    Allowing Kadhi courts will turn Kenya into another Nigeria, Sudan among many other nations that are facing religious animosity as a result of religious fanaticism.

  55. Praise God brethren,
    The church is been tested as it was during Christ crucifixion. ITS EITHER JESUS OR BARNABAS.
    As you are all aware majority said Barnabas the thief.
    But Mary Magdalene and other women didn’t give up even if things were not favorable.
    So during this time of katiba let us all christian who are lady to be crucified with him not deny the faith.
    LET US ALL SAY NO!!!!!!!

  56. IT DOES NOT MATTER WHETHER THE CONSTITUTION IS GOOD OR BAD.If you don’t do Gods will you will perish.It will never take you to heaven.Jesus said in John 12:46-48 that his word will judge us in the last day.None of his words say we should vote yes or no.Neither did he say that we should ensure no abortion or Kadhis courts are in the new constitution for us to be saved.Infact Jesus was not A kenyan but a jew in palestine.WHAT A USELESS DEBATE CHRISTIANS ARE ENGAGING IN!!!

    • Peter,

      Now that even the courts have declared these parasitic courts as illegal.What is your urgument now?

  57. Friends, I have read some interesting views on this blog. Firstly its great that people are engaged and seeking to find a way in this process. God bless us all.

    I am however have some questions. Can we say that every Christian who does not think one way or the other is a true christian or not? I am reminded we are one body, serving one Lord but we will not always think the same even concerning some matters of faith. This is why there are many denominations yet one Lord.

    That said. I have some thoughts that may benefit these discussions I hope. I ask what is Kadhis Court? It is contended here that this is a religious court. I ask what would religious courts do? It would help to atleast understand some issues in this regard. The Kadhis Court is a Court. Courts only adjudicate disputes as per the law within their jurisdiction. Period. A christian Judge passes judgement according to the law of the land not according to the bible. A Kadhi makes judgement according to the law. Their own respective beliefs are not the basis for their perfoming the duties as judicial officers. That is why both are veted by the Judicial Service Commission and not by their respective religous leaders or structures. Are there christian and muslim religious officers and leaders? Yes. We refer to them by various names pastors, bishops, clerics, imams etc. These- adjudicate on doctrinal things. They preach, teach and encourage their followers in their faith. A Kadhi has no such function nor a Christian Margistrate of Judge in court.

    We must be honest and factual as christians. The jurisdiction of these courts is limited. To argue that this is an entry point may sound credible to some- but is it factual? These courts have operated in this land since 1907 and have been in the constituion since 1964- have we ever heard someones hand been cut off or stoned etc? These courts cannot apply criminal islamic law. This is clear and anyone saying the opposite would want to consider this fact.

    In addition to this, does given the fact that the family courts in kenya sometimes adjudicate on the African Christian Marriage Act CAP 151 of the laws of Kenya make them a religous courts? pushing christian doctrine? This law infact was primarily enacted to christianise the marriages of natives as they were known then. Its very foundations is scripture. The Family Court is not a religious court though it adjudicates issues according to this law. If the argument that the Mohamedan Law is based on the Quran, is factual and so are many other laws we use which are based on the Bible.

    I would love to benefit from the knowledge about what a muslim gets in a Kadhis Court that I will not get in my Family court so as to lead me to the conlusion that tehy ar being favoured.

    Are you aware that the Legal education system does not produce law graduates who are taught in mohamedan law in Kenya? Are you aware that muslims get married and divorced and die in Kenya. (This a rhetorical question)- and that this leads in some cases to legal disputes that require adjudication. I would like to hear suggestions as to where these disputes would be resolved.

    The Kadhis Court is about muslims accessing legal redress in respect to those issues. Can Chritians access justice in respect to divorce, marriage inheritance etc. I would say emphatically yes.

    Are you aware that the Kadhis Courts are not entrenched in the proposed Constitution? Meaning that they can be removed without going through a referendum. If we change our legal education system we may not need special courts like this over time. This is how countrues like India operate which has the second highest muslim population in the world.

    Are you aware that the proposed constitution has given muslim women a shot in the arm by providing that they cannot be forced to take their disputes to the Kadhis Court and can only go there willingly? The current constituion has no such provision.

    Allow me to also add that the argument on taxes and kadhis courts could benefit from this contribution. What is tax? It is a compulsion contribution imposed by public authorities but not equated to the exact amount service rendered to the tax payer.There are direct and indirect taxes. This is the basis upon which I in Nairobi pay taxes for services offered in Moyale where I have never been and vice versa where people in Turkana contribute through tax to putting up the thika road super highway. I insist we christians must come out as being those that show that we are workmen approved by being excellent in our logic.

    Thank you and God Bless you.

  58. Not all who call Jesus Lord Lord are his followers.Some people have christian names as well as say they are “christians”so as to hoodwink people.
    Free masons whose “god” is JAHBOULON have no problem with any other faith apart from Christianity and judaism which cannot have any other God but JEHOVAH.
    These fellows are going round prettending that they are “christians” and they “don’t “have a problem with the Kadhi’s courts.The truth is that they have a problem with the christian faith their”christian names” not withstanding.
    My dear brethren to put this in perspective ,the Islamic faith’s fundermental belief is that:
    i) Jesus Christ isn’t God
    ii) Jesus Christ is not the Son of God
    iii) Jesus Christ didn’t die for our sins,he never rose from the dead and didn’t ascend to heaven.
    iv) Jesus Christ was not born of divine conception.

    THIS IS THE BASIS OF THE CHRISTIAN FAITH! So if you are a real christian how would you how do you manage not to have a “problem” with this.
    Whereas there is freedom of faith in kenya,let them not rub our noses in it.
    Going back to my eairlier point,the freemasons should just come clean and stop telling us that they have no problem with those who persecute the christian faith but rather tell the truth that they are wolfs in sheep skins and in truth they are part of those who persecute the christian faith.

  59. Hey, brilliant site, I have personal experience with scars and it is great to see people discussing the best ways to minimise their effects on your life.

  60. This debate should not end with the promalgation of the constitution. We need to keep praying and seeking wisdom on how to deal with the reality as it stands. It was not right for the Kadhi’s courts to be in the constitution, it still is not right. However, this is not expressing hatred against muslims. I love them with the love of God. That is why the need to now Christ and His saving grace.


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