Judges sitting as a Constitutional Court said the decision to include the Muslim courts in Kenya’s supreme law was illegal since it favoured one religion over others.
The judges added that the enactment and application of kadhis’ courts to areas beyond the 10-mile strip specified during their establishment in the colonial times is unconstitutional.The ruling declared section 66 of the Constitution, which introduced the courts, as superfluous.
The judges ruled after a group of 26 religious leaders went to court to challenge the kadhi courts.
Christian religious leaders said the draft constitution, as it is, tramples on religious and moral justice and appealed to the faithful to vote NO when the new Constitution is put to a referendum on August 4.