AG Githu Muigai pledges to hasten Wakf Act amendment to help Muslims

Attorney General Githu Muigai and National Land Commission chairman Mohamad Swazuri with members of the task force on the review of the Wakf Commissioners Act at Panafric Hotel on October 17, 2017. /JOSEPH NDUNDA
Attorney General Githu Muigai and National Land Commission chairman Mohamad Swazuri with members of the task force on the review of the Wakf Commissioners Act at Panafric Hotel on October 17, 2017. /JOSEPH NDUNDA

Attorney General Githu Muigai has pledged to hasten amendments seeking to repeal the outdated Wakf commissioners' Act, 1951.

He told members of the task force assigned to review the law that the changes will be ready by end of March next year.

The team presented its report to him on Tuesday.

Wakf is an Islamic charity institution catering for the overall development of the Muslim society.

It has been governed by an Act of Parliament enacted 66 years ago.

Muigai formed a task-force for the review of the Wakf commissioners Act in October last year.

The lot was to give proposals on the legal framework for the administration of Wakf properties.

The task force was to seek views from stakeholders including public, professionals and civil society, Muslim organisations and scholars.

The AG said Wakf itself represents one of the greatest values in the Islamic tradition - compassion for others and service to others.

"All of us are in agreement that this law no longer serves the interests of our Muslim community, it is outdated, its structures are not consistent with all the developments that have taken place since then [1951] and in particular the integration of Muslims from both the coast and other regions," Muigai said.

"It is imperative that the developments in Islamic banking in Sharia investments, in insurance should go side by side with changes in the Wakf as it was envisaged."

The report launched on Tuesday recommends amendments that delete and add clauses.

It also highlights the status of Wakf properties being administered by the Wakf commissioners, state of the leases and the income from the leases.

"The amendments also suggest drastic changes to the law on the recruitment [from secretary to CEO] and appointment of professionals as commissioners," the report reads in part.

The reforms contained in the proposed legal frameworks will improve the administration of Wakf properties and the general performance of the Wakf commissioners.

Sheik Khalfa Khamis, a member of the task force, said the current Act is incapable of serving the Muslims well.

He said it is not aligned to the constitution and contains terms and titles that are against the constitution.

Majority Leader Aden Duale said he will hasten the amendments once the Bill is prepared by the AG's office and the task force.

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