At first glance the sections on Kadhi's courts in the current constitution (s.66) and draft constitution (s.169,170) appear similar.
- Both give parliament the power to determine how the Kadhi courts will be run
- Both make the courts subordinate courts. Subordinate courts means that their decisions can be appealed on and overturned by superior courts.
- Another similarity is that both specifically state that these courts will deal only with matters of a personal nature, to people professing Islam.
I've also picked out one more mention of Kadhi's courts in another sections in the proposed constitution, in section 24(4). This section limits the rights and freedoms of Muslims appearing under the Kadhi's courts, who might not enjoy the Bill of Rights in its absolute form.
The debate on Kadhi's courts has been expanded to one of equality of religions, so I went fishing for what the draft says about this. I did not find any section specifically giving all religions equality. What I found was sections 27(1) giving all persons equality, 27(4) and 27(5) preventing the discrimination of someone based on their religion, and 32 giving every person the right to freedom of religion and the preamble recognizing Kenya's cultural, ethnic and religious diversity.
Away from the legalese what does the inclusion of Kadhi's courts in the constitution mean to you in practical terms? How does it affect the sufurias of ugali on your table?