Tuesday, September 07, 2010
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Muslims Read Mischief on Rulling

 

Muslim leaders have read mischief in the ruling made by the High Court on Monday declaring Kadhis Courts unconstitutional.

 

The Muslim community is saying it was made in bad faith to provoke the community and cause discontent between the religious groups in Kenya.

The Supreme Council of Kenya Muslims chairman Abdulghafur El Busaidy said the timing of the ruling was driven by personal motives by people who are defensive of their jobs.

 
The SUPKEM Chairman also explained that the judges could not declare illegal any provision of the Constitution, whether it pertains to the Kadhis Courts or not.

“The judges conveniently failed to take into account the provisions of sub-section 4 of the same section which provides that in matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law, the principle of the protection from discrimination shall not apply,” he said.

The Supreme Council of Kenya Muslims members are crying foul on the alarming ruling by the three-judge bench was misleading the entire nation pointing out that the jurisdiction of the Kadhis Courts under the current and proposed Constitution related to only those who professed the Muslim faith.

The Muslim community is yet to give a statement on the way forward pertaining the ruling by the high court regarding the Kadhi’s courts as illegal and unconstitutional.

He further asked all Muslims and Kenyans at large to maintain calm since the situation had already been taken up by Attorney General Amos Wako.


 

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