Churches oppose elevation of Kadhi's courts

The church has opposed elevation of Kadhi's court to an appellate court  as recommended in the Building Bridges Initiative report.

The United Clergy Alliance in their presentation to the BBI task force said it would be unfair for Christians to pay for courts that are "irrelevant" to them.

“Who will pay the judicial officers that will work in these courts? Must I as a Christian pay the taxes that will cater for these services,” Bishop Kepha Omae of Redeemed Gospel Church asked.

Alliance spokesperson Bishop Margaret Wanjiru said the government should instead increase the allocation of funds to the Judiciary to hire more judges and magistrates, construct more courts and digitise court processes.

The Kadhi's court is a subordinate court under the superior courts of Kenya (Supreme Court, Court of Appeal and High Court).

They are established under Article 170 of the Constitution.  Their jurisdiction is limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi's court.

The courts were in existence along the East Coast of Africa long before the coming of the British colonialists in the 19th century.

Wanjiru recalled that the church had objected to several issues in the 2010 constitutional amendment process, matters which they will also want to be addressed by BBI team.

She said the church supports the recommendations made in the BBI report on matters of the structure of the government.

“That is, a Prime Minister and two deputies and a strong opposition with a Shadow Cabinet,” Wanjiru said.

However, they recommend the Cabinet Secretaries be from Parliament because the principal secretaries and directors are technocrats.

Wanjiru said corruption cases should be treated like election petition cases where they have a time frame for hearing and determination.

“We support full implementation of the two-thirds gender rule. Also, if the President or governor is male, the deputy should be female and vice versa,” she added.

The Forum of Constitutional Commissions and Independent Offices called for the amendment of Chapter 14 and 15 of the Constitution to entrench the Independent Policing Oversight Authority (IPOA) as a constitutional commission.

Jane Kiringai, who represented the forum, said IPOA’s independence is susceptible to threats of disbandment through legislation.

Kiringai added that IPOA’s mandate is limited to the police thereby leaving infringements of rights by other law enforcement agencies unaddressed.

She proposed that recruitment of constitutional office bearers to commence as least six months before expiry of the term of existing members.