Wednesday, April 14, 2010

A principled approach to the question of Kadhi courts in Kenya's Constitution

There are few more critical factors to the Kenya as a peaceful and united nation than the way we resolve the controversy over the Kadhi courts. As is painfully clear, we have become a deeply fragmented nation. Avoiding emotions, dogma and arrogance, we must seek a principled approach to the question of the constitutional recognition of Kadhi courts. That approach appears in the preamble of the Proposed Constitution which says, echoing a widespread sentiments of Kenyans, that we are proud of our ethnic, cultural and religious diversity, and must build peace and unity on that diversity. In multi-ethnic states, it is wisest to search for an appropriate balance between national values and identity and communal values and identity. Denying a community its identity as expressed in its most cherished values, and which do no harm to others, is the surest way to conflict and disintegration.

Yash Ghai on Kadhi Courts in Kenya arguing that its inclusion in the constitution should not be cause for concern for Kenyans. Thoughts?