Ex-Chief Kadhi sues AG over Wakf officials

Sheikh Hammad Kassim speaks at a press conference on August 3, 2009. Sheikh Kassim has asked a judge to quash the appointments of some individuals as commissioners. PHOTO | WILLIAM OERI | NATION MEDIA GROUP

What you need to know:

  • They said the AG acted without jurisdiction and wrongfully in denying the stakeholders an opportunity to vet the appointees.

Former Chief Kadhi Sheikh Hammad Kassim has filed a case in the High Court challenging appointments to Wakf Commissioners of Kenya.

Sheikh Kassim, the administrator of Mazrui Mosque, and three others sued Attorney-General Githu Muigai on grounds that he did not consult the “Muslim community” before making the appointments.

They asked Justice Mathew Emukule to quash the appointments of Prof Hamadi Boga, Sheikh Juma Ngao, Zubeir Noor Hussein, Nagib Shamsan, Shariff Hussein Ahmed and Dr Mwanakitini Bakari as commissioners.

The other applicants are Ali Said Mohamed Al-Mandhry, Mkanyageni Mosque administrator Mohiddin Mohamed Mohiddin and Basheikh Mosque administrator Naaman Mohamed Naaman.

“The Wakf Commissioners Act imposes a duty on the respondent to consult the Muslim community and seek its opinion before appointing the Wakf commissioners,” he argued. “The respondent failed or neglected to make such consultations.”

They said the AG acted without jurisdiction and wrongfully in denying the stakeholders an opportunity to vet the appointees.