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Kadhi courts or Kadhi's courts are a court system in Kenya that enforce limited rights of inheritance, family, and succession for Muslims. [1] The history of Kadhi courts extends prior to the colonization of East Africa in the 19th century, and the courts continued under British rule and after Kenyan independence in 1963. [1]
The Kenya Citizenship and Immigration Act (No. 12 of 2011), subsequently was passed to regulate the constitutional provisions for nationality. Under its terms, while those who gained nationality under the 1985 constitution were acknowledged as retaining that status, modifications were made.
Article 169 1(b) of the Constitution of Kenya 2010 creates Kadhi's court. This is a court that hears civil matters relating to Sharia law. The parties involved must all be followers of Islam and all must agree that the matter to be decided under Islamic law. The matter must be civil in nature e.g. Divorce, succession etc.
The court has jurisdiction over criminal matters and derives its powers from the Criminal Procedure Code (Cap.75 of the Laws of Kenya) or any other written Law. This court also has jurisdiction to hear and determine matters arising from traffic offenses as provided for by the Traffic Act, Cap. 403 of the Laws of Kenya. [3]
The High Court of Kenya is a court of unlimited original jurisdiction in criminal and civil matters established under article 165 of the Constitution of Kenya, 2010 as part of the Kenyan Judiciary. It also has supervisory jurisdiction over all other subordinate courts and any other persons, body or authority exercising a judicial or quasi ...
The Constitution of Kenya is the supreme law of the Republic of Kenya. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 ...
Subject to the following, section 1 of the Intestate Succession Act applied to the intestate deceased estates that would formerly have been governed by section 23 of the Act. In the application of sections 1(1)(c)(i) and 1(4)(f) of the Intestate Succession Act to the estate of a deceased person who was survived by more than one spouse,
Polygamy is common among traditional communities in Kenya, as well as among the country’s Muslim community. [ 3 ] In parliament, the proposed 2014 polygamy bill had initially given a wife the right to veto the husband's choice, but male members of parliament overcame party divisions to push through a text that dropped this clause. [ 4 ]