|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|66. Kadhis' courts.|
|Establishment of other courts.||References and appeals on interpretation of Constitution.|
66. (1) There shall be a Chief Kadhi and such number, not being less than three, of other Kadhis as may be prescribed by or 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 -
(a) he professes the Muslim religion; and
(b) he possesses such knowledge of the Muslim law applicable to any sect or sects of Muslims as qualifies him, in the opinion of the Judicial Service Commission, to hold a Kadhi's court.
(3) Without prejudice to section 65 (1), there shall be such subordinate courts held by Kadhis as Parliament may establish and each Kadhi's court shall, subject to this Constitution, have such jurisdiction and powers as may be conferred on it by any law.
(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being less than three in number) as may be prescribed by or under an Act of Parliament, shall each be empowered to hold a Kadhi's court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed:
Provided that no part of the former Protectorate shall be outside the jurisdiction of some Kadhi's court.
(5) The jurisdiction of a Kadhi's court shall extend 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.