The Ruling on Kadhi's Courts
In the High Court of Kenya at Nairobi Law Courts
JUDGEMENT
INTRODUCTION –
(1) The Application and Parties
This Judgement relates to the Further Originating Summons, first dated 12th July, 2004, Amended on 30th November 2004, (pursuant to the Order of Court made on 16 November 2004),th and Further Amended on 1st February 2005 (pursuant to leave of Court given on 31 January 2005). It is brought by the twenty-six Applicants led by the Very Right Rev. Dr. Jesse Kamau the Moderator of the Presbyterian Church of East Africa, Bishop Silas Yego of the Inland Church of Africa, Bishop Margaret Wanjiru of Jesus Christ AliveMinistries,the Rt. Rev. Dr. David Githii, Bishop Arthur Gitonga, Bishop Boniface Adoyo of Nairobi Pentecostal Church and the Reverends as enlisted above against the Attorney-General as 1st Respondent and the defunct Constitution of Kenya Review Commission as 2nd Respondent.
(2) The Applicants seek the following declarations:
(1) that Section 66 of the Constitution of Kenya which introduces and entrenches Kadhis' Courts in the said Constitution infringes on the 3 Constitutional rights of the Applicants to equal protection of the law embodied in Sections, 70, 78, 79, 80 and 82 of the Constitution and to that extent is discriminatory, unconstitutional and should be expunged in its entirety from the said Constitution;
