KADHI’S COURT

Introduction.

• Kadhi is an Arabic term that refers to a judge. In Kenya it specifically means a Muslim magistrate who has the power of adjudicating on matters according to Islamic law otherwise referred to as Sharia law.
• The Kadhis’ Court has been in operation ever since before our country’s independence, although with limited jurisdiction. However it has been operating under Kenya’s present Constitution dispensation since 1963.

Jurisdiction.

• The Kadhis’ Court has jurisdiction regarding the determination of questions of Muslim Law relating to personal status,marriage,divorce or inheritance in proceedings in which all parties are Muslims.
• There are about 17 Kadhis nationwide serving in different parts of the country.
• These courts are located in various parts of the country including:

• Kwale,Kilifi, Mombasa and Lamu districts;
• Nyanza and Western provinces;
• several districts in Rift Valley province; Wajir and Mandera districts;
• Nairobi, Central and Eastern Provinces;
• Garissa and Tana River districts;
• and Marsabit and Isiolo districts.

Hierarchy.

• The structure of the Kadhis’ Courts includes:

• The Chief Kadhi
• Deputy Chief Kadhi
• Principal Kadhi
• Senior Kadhi
• Kadhi 1
• and Kadhi 2

• They are all appointed by the Judicial Service Commission.

HOW THE COURT WORKS

• The rules of procedure applied in the Kadhis’ Court are similar to those in ordinary courts. As such, the Civil Procedure Act chapter 21 of Kenya also applies to the functioning of the Kadhis’ court.
• The Kadhis’ Court in Nairobi, as a point in case, is located in Upper hill.
• Inquiries by prospective applicants may be made at the Registry.
• There is also a court clerk who may offer assistance as to the proper documentation and payments necessary to be made before an application is made.
• The litigant is permitted to bring his application himself or may appoint a representative(advocate) to do so on his behalf. An advocate of the High Court is allowed to represent an applicant in the Kadhis’ court
• Kadhis’ courts operate based on the same court calendar as the other ordinary court. Consequently, the officers of the court are entitled to an annual leave, though there is no court leave. The Kadhis’ Court, however remains closed during the weekends and any public holidays.