A section of Muslim leaders in the North Rift region has asked political leaders to stay away from any attempts to influence the appointment of a new Chief Kadhi.
This follows the recent death of the Chief Kadhi, Sheikh Athman Abdulhalim Hussein.
According to North Rift Muslim Association leader Jamal Diriwo Omari, the Judicial Service Commission (JSC) should be allowed to independently conduct the process.
JSC is expected to formally declare the position vacant and invite interested individuals to apply for the position.
Omari, based in Eldoret, argues that the commission must reject any attempts from politicians to impose their preferred candidate.
“Politicians, Muslim and non-Muslims, must not interfere with the process at any point based on their interests. They should stay away and let the JSC follow the law as set out,” the clergy said.
“We also ask JSC to stand firm and follow the law. The recruitment of a new Chief Kadhi must be as transparent as possible,” he added.
Who can be a good Chief Kadhi?
Omari further expressed optimism that the new Chief Kadhi will be as wise as his predecessor.
He said the new holder of the position must be an individual willing and ready to ensure the unity of the Muslim community in the country.
“We don’t want people interested in salaries but those who know the needs and laws of Muslims like the palms of their hands, especially on inheritance, divorce and others, which are very important to the Muslim,” Omari said.
He also warned Muslim politicians against pushing for the appointment of an individual from a region he claimed had already benefited much from state appointments.
“We have a region that seems to be getting all the positions in government, and in my view, it’s time we allowed muslims from other regions to be appointed to this position,” the Eldoret muslim leader said.
“This is the reason I am advocating for a transparent process because politician have had a habit of installing their own, at the expense of other equally qualified Muslims from other regions that are clearly sidelined even in state appointments,” he added.
Role of Chief Kadhi in Kenya
The Chief Kadhi is a constitutional position within Kenya’s judiciary, responsible for overseeing the administration of Islamic personal law, including matters of marriage, divorce, and inheritance, for Muslims.
The role involves handling family matters among Muslims, translating Arabic documents, overseeing Kadhi court registries, and maintaining official records of family-related rulings in collaboration with magistrates.
In addition, the Chief Kadhi is also the overall leader of the Kadhi’s Courts, ensuring the uniform application of Islamic law in accordance with the constitution.
