The High Court in Nairobi has confirmed that the inclusion of the Kadhis Court in the constitution as unconstitutional and discriminative.

The verdict comes at a time the church and religious leaders are strongly opposing the inclusion of the Kadhi’s court in the proposed constiotution.  

The three bench judge including a court of Appeal Judge further ruled that the entrenchment of the Kadhis courts in the constitution elevates Islamic religion over and above other religions in the country.

The three judges Joseph Nyamu, Anyara Emukule and Roslyne Wendo further declared that the financial maintenance and support of the Kadhis courts amounts to segregation as it amounts to separate development of one religion and religious practices.

The church has welcomed the ruling saying all religions in Kenya should be treated equally and no one religion should be made or treated superior than others.

In a 144 page ruling that took over 2 hours to read, the judges said that the inclusion of the Kadhi's court in the constitution offends the principle of separation of State and religion.

The judges further said the enactment and application of Kadhis' courts to areas beyond the 10 mile coastal strip of the protectorate was unconstitutional.

Kenyans seems to view the judgment as likely to have a great impact on the constitution making process even and will affect the voting patterns of the electorate.