Raila backs Kadhi courts under new law

Prime Minister Raila Odinga on Sunday threw his weight behind the inclusion of Kadhis courts in the new constitution as a controversy with Christian groups rages.

Speaking at a fundraiser in aid of the Legio Maria Church at its headquarters in Got Kwer in Nyatike District, the PM warned that the issue could cause conflict if not handled cautiously. “Those preaching against Kadhis courts could trigger conflict between Christians and Muslims,” he said.

Secret pact

He said the Kadhis courts deal only with marriage and inheritance issues according to the Muslim faith and would not affect Christian principles. Mr Odinga’s declaration, however, is likely to rekindle accusations by church leaders in the run-up to the last General Election that he had signed a secret pact with the Muslims for their support.

Interdenominational Christians led by Assistant minister Bishop Margaret Wanjiru have been vocal in their opposition to the Kadhis courts, saying they should not be in the constitution in the first place. Claiming there is a plot to introduce sharia law in Kenya, the churches have threatened to reject the draft constitution if Kadhi courts are included. “The issue of the Kadhis courts should not be used to incite Christians,” said the Prime Minister.

He said that some people were holding meetings to block the implementation of reforms. And in Nairobi, the National Muslim Civic Education Consortium (NMCEC) said the inclusion of the Kadhis courts in the constitution was not negotiable.

National coordinator Abdulahi Sirat said Muslims would not negotiate for anything less and their Christian counterparts had to climb down from their hard-line position and accept the Kadhi courts. “We have said that the matter of Kadhis courts is non-negotiable,” he said.

Mr Sirat said individual clergy were attempting to sabotage constitutional reform while hiding under the cloak of religion. “Without the courts, there will be no new constitution,” warned Mr Sirat.

Supreme Council of Kenya Muslims (Supkem) national chairman Prof Abdulghafur el-Busaidy also warned that Muslims would consider boycotting a referendum on the new constitution if their interests were not safeguarded. “The Muslim community will not condone this deliberate violation of its rights,” said Prof el-Busaidy.

Supkem also called on the government to end constant harassment of Muslims in North Eastern Province on the pretext of fighting insecurity. The government, Prof el-Busaidy said, had suspended issuing identity cards in North Eastern allegedly for security reasons.

“To ban the issuing of identity cards to the entire province is a flagrant violation of citizens’ constitutional rights which Supkem condemns in the strongest possible terms,” he said.

Terrorist group

The decision, he said, was a leaving the youths with no option but to either join the Somali army or the al-Shabaab terrorist group. Mr Odinga’s remarks came a day after he said contentious issues can be sorted out without resorting to a referendum.

His remarks also echo those of Chief Justice Evan Gicheru who last week said Kadhis courts should not be abolished. Mr Justice Gicheru, who said the courts played a vital role in the administration of justice, said the government had guaranteed their existence at all times and committed itself at the United Nations to honour the agreement protecting their establishment and existence. 

Reports by Cosmas Butunyi, Elisha Otieno and Walter Menya