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Kadhis' Courts Act

Cap. 11

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Kadhis' Courts Act
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Cap. 11
Date
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English
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LAWS OF KENYA

KADHIS' COURTS ACT

CAP. 11

  • Assented to on 14 June 1967
  • Commenced on 1 August 1967
  1. [Amended by Statute Law (Miscellaneous Amendments) Act, 1970 (Act No. 11 of 1970) on 7 August 1970]
  2. [Amended by Statute Law (Miscellaneous Amendments) Act, 1972 (Act No. 13 of 1972) on 17 November 1972]
  3. [Amended by Statute Law (Miscellaneous Amendments) Act, 1977 (Act No. 16 of 1977) on 28 October 1977]
  4. [Amended by Statute Law (Miscellaneous Amendments) Act, 1983 (Act No. 11 of 1983) on 9 December 1983]
  5. [Amended by Statute Law (Miscellaneous Amendments) Act, 1986 (Act No. 18 of 1986) on 30 December 1986]
  6. [Amended by Statute Law (Repeals and Miscellaneous Amendments) Act, 1997 (Act No. 10 of 1997) on 7 November 1997]
  7. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to prescribe certain matters relating to Kadhis' Courts under the Constitution, to make further provision concerning Kadhis' Courts, and for purposes connected therewith and purposes incidental thereto

1. Short title

This Act may be cited as the Kadhis' Courts Act.

2. Interpretation

In this Act, "Kadhi" means a person appointed to or to act in the office of the Chief Kadhi or the office of Kadhi referred to in section 66 of the Constitution.

3. Number of Kadhis

For the purposes of Article 170 of the Constitution, there shall be such number of Kadhis, in addition to the Chief Kadhi, as may be prescribed by the President by order, being in any case not less than three.[Act No. 16 of 1977, Sch., Act No. 10 of 1997, Sch.]

4. Establishment of Kadhis' Courts

(1)In pursuance of Article 170(4) of the Constitution there shall be established such number of kadhi's courts as the Chief Justice may, in consultation with the Chief Kadhi, determine.
(2)The Kadhis' Courts shall have jurisdiction as follows—
(a)three courts shall each have jurisdiction within Kwale District, Mombasa District, Kilifi District and Lamu District;
(b)one court shall have jurisdiction within—
(i)Nyanza Province;
(ii)Western Province; and
(iii)the following districts of Rift Valley Province—West Pokot District;Trans Nzoia District;Elgeyo-Marakwet District;Baringo District;Laikipia District;Nandi District;Uasin Gishu District;Kericho District;Nakuru District;
(c)one court shall have jurisdiction within Wajir District and Mandera District;
(d)one court shall have jurisdiction within the Nairobi Area and the Central and Eastern Provinces except Marsabit District and Isiolo District;
(e)one court shall have jurisdiction in Garissa District and Tana River District;
(f)one court shall have jurisdiction in Marsabit District and Isiolo District.
(3)Each of the Kadhis' Courts shall be a court subordinate to the High Court and shall be duly constituted when held by the Chief Kadhi or a Kadhi.
(4)A Kadhi's Court may be held at any place within the area of jurisdiction of the court.[Act No. 13 of 1972, Sch., Act No. 16 of 1977, Sch., Act No. 11 of 1983, Sch., Act No. 18 of 1986, Sch.]

5. Jurisdiction of Kadhis' Courts

A Kadhi's Court shall have and exercise the following jurisdiction, namely 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, but nothing in this section shall limit the jurisdiction of the High Court or of any subordinate court in any proceeding which comes before it.

6. Evidence

The law and rules of evidence to be applied in a Kadhi's Court shall be those applicable under Muslim law:Provided that—
(i)all witnesses called shall be heard without discrimination on grounds of religion, sex or otherwise;
(ii)each issue of fact shall be decided upon an assessment of the credibility of all the evidence before the court and not upon the number of witnesses who have given evidence;
(iii)no finding, decree or order of the court shall be reversed or altered on appeal or revision on account of the application of the law or rules of evidence applicable in the High Court, unless such application has in fact occasioned a failure of justice.

7. Records and returns

Every Kadhi's Court shall keep such records of proceedings and submit such returns of proceedings to the High Court as the Chief Justice may from time to time direct.

8. Procedure and practice

(1)The Chief Justice may make rules of court providing for the procedure and practice to be followed in Kadhi's Courts.
(2)Until rules of court are made under subsection (1), and so far as such rules do not extend, procedure and practice in a Kadhi's Court shall be in accordance with those prescribed for subordinate courts by and under the Civil Procedure Act (Cap. 21).
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History of this document

31 December 2022 this version
07 November 1997
Read this version
30 December 1986
Read this version
09 December 1983
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28 October 1977
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17 November 1972
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07 August 1970
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01 August 1967
Commenced
Read this version
14 June 1967
Assented to

Cited documents 0

Documents citing this one 51

Judgment 49
1. Aziz v Land Registrar, Mombasa & another (Environment and Land Civil Miscellaneous Application 13 of 2020) [2023] KEELC 22113 (KLR) (13 December 2023) (Ruling) Interpreted 1 citation
2. In re matter of the Estate of Mbarak Awadh Salim (Deceased) (Succession Appeal E14 of 2020) [2022] KEHC 14548 (KLR) (21 October 2022) (Judgment) Interpreted 1 citation
3. Kakaa v Kadhis Court, Nairobi & another; Saad (Interested Party) (Petition 10 of 2020) [2022] KEHC 11090 (KLR) (Constitutional and Human Rights) (31 May 2022) (Judgment) Interpreted 1 citation
4. RMM v BAM (Civil Appeal 267 of 2011) [2015] KECA 1013 (KLR) (20 February 2015) (Judgment) Cited 1 citation
5. TMG & another v AP (Civil Appeal 138 of 2019) [2022] KECA 612 (KLR) (6 May 2022) (Judgment) Cited 1 citation
6. AA v AM (Divorce Cause E049 of 2022) [2022] KEKC 150 (KLR) (31 August 2022) (Ruling) Interpreted
7. AA v KAB (Civil Appeal E031 of 2023) [2023] KEHC 26053 (KLR) (30 November 2023) (Judgment) Interpreted
8. AMK v JKK (Matrimonial Case 12 of 2019) [2021] KEKC 10 (KLR) (7 July 2021) (Ruling) Cited
9. AYM v HIK (Miscellaneous Case 171 of 2019) [2023] KEHC 27191 (KLR) (Family) (8 December 2023) (Ruling) Cited
10. DAM v ASI (Miscellaneous Cause E800 of 2023) [2023] KEKC 14 (KLR) (10 July 2023) (Ruling) Interpreted
Legal Notice 2
1. The Statutory Instruments (Exemption from Expiry) Regulations
2. The Statutory Instruments (Exemption from Expiry) Regulations

Subsidiary legislation

Title
The Kadhis' Courts (Procedure and Practice) Rules Legal Notice 203 of 2020
The Kadhis' Courts Order Legal Notice 260 of 1977