The Proposed Constitution

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RE: THE CONTROVERSIAL ABORTION AND THE KADHI COURT:

Below is the Abortion and the Kadhi Court as they appear in the proposed Constitution for Kenyans who have access to the media to read. Reading these Articles will enable Kenyans to make independent Judgments about the proposed constitution.

CHAPTER FOUR

THE BILL OF RIGHTS

Part 2 – Rights and fundamental freedoms

Right to life

26 [1] Every person has the right to life.

[2] Life of a person begins at conception.

[3] A person shall not be deprived of life intentionally, except to the extent authorized by this

Constitution or other written law.

[4] Abortion is not permitted unless, in the opinion of a trained health professional, there is need for

Emergency treatment, or the life or health of the mother is in danger, or if permitted by any other

Written law.

CHAPTER TEN

JUDICIARY

Part 3 – Subordinate Courts

Kadhis’ Court

170 [1] There shall be a chief Kadhi and such number, being not fewer than three of other Kadhis as may

be prescribed under an act of Parliament.

[2] A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless the

Person–

A] Professes the Muslim religion; and

B] Possesses such knowledge of the Muslim law applicable to any sects of Muslims as qualifies

the person in the opinion of the Judicial Service Commission, to hold a Kadhis Court.

[3] Parliament shall establish Kadhis Courts each of which shall have the jurisdiction and powers

Conferred on it by legislation, subject to clause [5]

[4] The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis [not

Being fewer than three in number] as may be prescribed under an act of Parliament, shall each

Be empowered to hold a Kadhis Court having jurisdiction written Kenya.

[5] The jurisdiction of a Kadhi’ Court shall be limited to the determination of questions of Muslim

law

Relating to personal status, marriage, divorce or inheritance in proceedings in which all the

Parties profess the Muslim religion and submit to the jurisdiction of the Kadhis’ Court.

Isaac Newton Kinity

Former Secretary General

Kenya Civil Servants Union and Chairman

Kikimo Foundation for Corruption and Poverty Eradication.

7/9/2010

7/9/2010
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