Highlight the establishment and jurisdiction of the Kadhi's court.

      

Highlight the establishment and jurisdiction of the Kadhi's court.

  

Answers


Maurice
It is established by the Constitution and the Kadhi's Court Act as a court subordinate to the
High Court.

Jurisdiction
(i) The court is duly constituted when held by the chief Kadhi or Kadhi. It exercises original
jurisdiction in civil cases only. Under the constitution, its jurisdiction is limited to the
determination of questions of Muslim law relating to marriage, divorce or personal status or
succession in proceeding in which all parties profess Muslim faith.

(ii) However, the court has no exclusive jurisdiction hear such cases. The High court, Resident
Magistrates court and the District Magistrates court have jurisdiction to hear and determine
such matters.

(iii) The evidence applicable is governed by Islamic law of evidence. All witnesses must be heard
without discrimination.

(iv) A decision of the court may be appealed against in the High court.
maurice.mutuku answered the question on April 27, 2018 at 05:41


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