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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]
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.
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 ]
The Magistrates' Court of Kenya is a Subordinate court established under Article 169 1(a) of Kenya's 2010 Constitution. [ 1 ] The Court is subordinate to the High Court and is presided over by either a chief magistrate , a senior principal magistrate, a principal magistrate, a senior resident magistrate, or a resident magistrate .
The Government of the Republic of Kenya (GoK) is the national government of the Republic of Kenya located in East Africa. It is composed of 47 Counties , each county with its own semi-autonomous governments, including the national capital of Nairobi , where the national government is primarily based.
Pages in category "Law of Kenya" The following 45 pages are in this category, out of 45 total. This list may not reflect recent changes. 0–9. 2009 Kenyan Maize Scandal;
Although the Wills Act does not directly provide for holographic wills, the Law of Succession Amendment Act 43 of 1992 allows a court to waive any formal requirements if the court is satisfied the testator intended for a document to serve as their last will and testament. [8]
In 1975 he started legal activism with a few practicing lawyers in the Kenya bar, including Paul Muite, former Attorney-General of Kenya Amos Wako, and two other attorneys. Since 1975, Kuria has published many articles on constitutionalism, rule of law, human rights, legal education, family law, and succession in such scholarly journals as The ...