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Hidden shocker in selection of new Chief Kadhi despite protests against woman Kadhi


About a month ago, former National Assembly Majority Leader and Garissa Township member of parliament Aden Duale led other leaders of the Islamic faith in criticising any possible plans that would exist of attempting to appoint a female Chief Kadhi, terming such an attempt as unacceptable, and going against the Muslim faith.

However, now, following this week’s announcement by the Kenya Muslims National Advisory Council national chairman Sheikh Juma Ngao who said that the Judicial Service Commission should have come up with a new Chief Kadhi by November, it now comes as a dawning reality that the new top Kadhi will be chosen by a JSC that’s firmly under the control of women.

Out of the eleven members of the commission, 5 are women, 4 of them comprising of the top leadership. They include Hon. Lady Justice Martha Koome, Chief Justice & President of the Supreme Court of Kenya – Chairperson of the Commission, Professor Olive Mugenda – Nominated by the President, representing members of the public – Acting Vice Chair of the Commission, and Justice Philomena Mwilu, Deputy Chief Justice, Judge of the Supreme Court of Kenya – Elected by, and representing Judges of the Supreme Court, and Anne Amadi who is the Court’s registrar.

 

Kadhi’s courts are established under Article 170 of the Constitution and their jurisdiction is limited to the determination of Muslim law relating to personal status, marriage, divorce or inheritance in which all parties profess the Muslim religion and submit to the jurisdiction of the court.
Apart from the Chief Kadhi, who sits in Mombasa, and his deputy in Nairobi, there are 65 Kadhis spread across the country.

The new Chief Kadhi is to be recruited under the revised policy of the Judicial Service Commission scheme of service, a position that is now equated to that of a Chief Magistrate.

The permanent and pensionable position also attracts allowances such as housing, commuter allowance, medical cover and leave.
In the past Muslims have raised the Chief Kadhi appointment issue, with the prevailing opinion being that the government imposes the office holders on the community without involving them or their scholars.

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    Written by Joshua Wanga

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