Kadhi Courts in Kenya: A Model of Legal Pluralism and Religious Inclusivity

NAIROBI – Kadhi Courts are a distinctive and essential feature of Kenya’s judicial system, enshrined in Article 170 of the Constitution of Kenya.

These courts provide a platform for the application of Muslim personal law.

It deals specifically with matters relating to marriage, divorce, inheritance, and personal status.

And this is only when all parties involved are Muslims and submit willingly to the jurisdiction of the Kadhi Court.

Kenya is a secular state that respects freedom of religion. The establishment and operation of Kadhi Courts under the 2010 constitution aims to strengthen religious pluralism and judicial inclusivity.

The courts function parallel to the mainstream judicial system and handle cases strictly within the bounds of Islamic law (Sharia).

According to advocate Yunis Hussein the Judiciary of Kenya derives its broader authority from Article 159 of the Constitution.

It mandates justice to be administered without undue regard to procedural technicalities.

“The inclusion of Kadhi Courts within this framework ensures that the rights of Muslim communities are respected, and religious norms are applied within the limits of the law,” he said.

Structure and Distribution

As of 2025, Kenya has 14 stand-alone Kadhi Courts, with others co-located within Magistrates Courts across the country.

“This growing network of courts and judicial officers ensures that Muslim communities in both urban and remote areas have access to justice that respects their faith and legal traditions,” said Mr. Yunis.

The Chief Kadhi, based in Mombasa, leads the institution, assisted by a Deputy Chief Kadhi in Nairobi and several Principal, Kadhi I, and Kadhi II officers stationed across the country.

The Judiciary derives its mandate from the Constitution of Kenya, Article 159.

It exercises judicial authority given to it, by the people of Kenya and delivers justice according to the Constitution and other laws.

The Role and Importance of Kadhi Courts

Kadhi Courts operate under a limited jurisdiction. It does not handle criminal cases and matters outside Muslims.

The jurisdiction is strictly voluntary and confined to Muslims who seek resolution within the principles of Islamic jurisprudence.

This ensures both freedom of religion and legal consistency with Kenya’s constitutional values.

The Kadhi Courts is a symbol of inclusive governance and legal pluralism in the country’s democratic and judicial journey.

The court exemplifies how a country can accommodate religious diversity while upholding constitutional supremacy and human rights.

Muslim communities have gained access to justice that upholds both their faith and the rule of law.

Muslims in Kenya form a vibrant and diverse community, comprising about 12% of the population, according to national statistics.

They are predominantly found along the coastal regions such as Mombasa, Lamu, and Kilifi and in the northeastern counties including Garissa, Wajir, and Mandera.

Kenyan Muslims belong to various ethnic backgrounds, including Somali, Arab, and Asian communities, and practice Islam with deep cultural integration.

A significant Muslim population also resides in urban centers bringing together people from diverse backgrounds, including converts from tribes such as the Kikuyu, Luhya, and Luo in Nairobi, Nakuru, Kakamega, Eldoret and Kisumu.

They actively contribute to national life through education, business, politics, and civil society.