Chief Justice has said the gov­ernment has a duty to protect and ensure that the Kadhis court re­mains in place to serve Muslims. Reflecting on the history of the courts, Evans Gicheru said that they were in existence long before the colonial era and their presence in the current judicial system was a result of a deal reached after the colonial government acquired the coastal strip from the sultanate of Zanzibar on condition that it would allow the courts to exist in the country at all the times.

 

“The agreement entered between the two was subject to certain conditions including that the British agree to respect the Islamic judicial system practiced by the locals,” he said.

Speaking in Mombasa during the launch of an Efficiency Training Programme for the Kadhis drawn from around the country, the CJ said after independence the government committed to honour the agreement that the courts will be part of the judicial system. “The government of Kenya and (the Sultan­ate of) Zanzibar entered into an agreement where Zanzibar relinquished its sovereignty over the coastal strip and in reciprocity Ken­ya guaranteed the existence of the Kadhis courts at all times.”, he noted.

 

Gicheru who opened the training workshop added that the courts were no longer a Ken­yan issue as the Government also commit­ted itself at the United Nations to honour this agreement and protect their existence at all times.

 

The Chief Justice, further said there was no reason to abolish the courts as they played a pivotal role in the application of justice add­ing that there is a growing demand for its services as more people are getting aware about their rights.

 

 “The number of Kadhis courts has continued to increase as demand for the services increases. The Kenyan population at independence is different from that of today, the people are now more enlightened and they know their rights”, he said.

 

Gicheru also commended Jamia Mosque Committee for organizing the five- day work­shop and urged other organizations in the country to emulate the same. “The training has been organized as part of Jamia Mosque Committee’s contribution to education and train­ing of human resource to the people of Kenya. When I was requested by the organisers to perform the opening ceremony, I was indeed excited because Kadhis play a vital role in the administration of justice to this country”, he said.

 

The chairman of Jamia Mosque Committee Muhammad Osman Warfa praised the role of the courts in the community and called on the Judiciary to extend the services of the Kadhis courts to far flung remote areas of the country to assist Muslims living in those areas.  

“We appeal to you to also reach out to some other areas which are far. Some one who is in the remote areas needs some assistance in terms of his justice,” he noted. 

Sheikh Hammad Kassim, the Chief Kadhi also commended the programme which he said had offered a forum where Kadhis could exchange ideas on how to improve their services delivery to Mus­lims.

 

“The last programme of this nature was held ten years ago. This is a golden opportunity for the Kadhis to equip themselves with the necessary skills as well as knowledge to do their work better. It is also a chance to interact between them and share because each one of them has different experiences depending on his area”, he said. Speaking at the same forum, Nominated MP Sheikh Dor called on the Kadhis to fully involve themselves in the ongoing constitution review process to ensure that the interests of Muslims are well ca­tered for like other Kenyans.

 

 

Other speakers who addressed the forum included Nathif Jama, CEO of First Community Bank, Mombasa Resident Magistrate Justice Muhammad Ibrahim and the Chief Magistrate Rosemary Mutoko among others. The 17 Kadhis from the country have been attending the five day workshop in Mombasa which ends today, to enhance the efficiency of the Kadhis court. The Kadhis were trained in public relations and communications skills, knowledge of Islamic Laws, Laws of Evi­dence and Procedures for registrations of Islamic marriages and Divorce through presentation conducted by Islamic scholars and lawyers.

 

The programme was organised by Jamia Mosque Committee, First  Community Bank and 3Z Foundation. The High Court of Kenya and office of the Chief Kadhi also partnered in the programme. The Kadhi’s Court which falls under the High Court of Kenya is man­dated to address Islamic Marriage, Divorce and inheritance issues where the parties profess to the Islamic faith. Muslims have been calling for the empowerment of the courts to among other things address the myriads of issues involved in the Muslim personal law.