NAIROBI—The Judicial Service Commission has been called upon to appoint more Kadhis to expedite the dispensation of justice and enhance service delivery.
Speaking on Friday during a live Muslim Insights program aired by Islamic premier Channel Horizon TV, former retired Deputy Chief Kadhi Sheikh Rashid Ali Omar stated that the issue of closing down Kadhis’ stations due to a low number of cases should not arise, as there are some Magistrate courts that are experiencing underutilization and reporting fewer cases.
He pointed out that the Muslim population and the institution of Kadhi courts are growing, and as taxpayers, it is their constitutional right to be served by the Kadhi’s courts, which have been an integral part of the judiciary since pre-colonial times.
Regarding the appointment of the Chief Kadhi, Sheikh Rashid refuted the notion that the position is deliberately reserved for specific regions, clans, or ethnic communities, emphasizing that the 2010 Constitution allows for the appointment of Kadhis from different regions.
“The position of Chief Kadhi is a judicial position and is open to all Muslims. Rigorous interviews and vetting are carried out by the Judicial Service Commission (JSC) in a professional manner, and appointments are made based on merit and qualifications,” he said.
Sheikh Rashid requested the Judicial Service Commission to ensure that the upcoming recruitment of the Chief Kadhi is fair and transparent, ensuring that the office holder is highly competent.
The retired Deputy Chief Kadhi further demanded that the JSC appoint 15 more Kadhis to fill the vacancies in the Kadhis’ Courts, stating that the delay in appointing judicial officers has made the work difficult for the Kadhi courts.
In 2020, the Judicial Service Commission (JSC) advertised 15 positions for Kadhis, who are yet to be appointed.
Since the adoption of the 2010 Constitution, Kadhi courts have come to represent the diversity of Kenya. Over the past decade, the Judicial Service Commission
(JSC) has appointed Kadhis from a pool of Islamic law scholars, including those from minority Muslim communities such as the Maasai, Agikuyu, Ameru, AbaGusii, Turkana and Teso.
