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Constitution of Kenya, 2010
170. (1) There shall be a Chief Kadhi and such number, being Kadhis’ Courts.
not fewer than three, of other Kadhis as may be prescribed under an
Act of Parliament.
(2) A person shall not be qualified to be appointed to hold or act
in the office of Kadhi unless the person—
(a) professes the Muslim religion; and
(b) possesses such knowledge of the Muslim law applicable to
any sects of Muslims as qualifies the person, in the opinion of
the Judicial Service Commission, to hold a Kadhi’s court.
(3) Parliament shall establish Kadhis’ courts, each of which shall
have the jurisdiction and powers conferred on it by legislation, subject
to clause (5).
(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and
such of the other Kadhis (not being fewer than three in number) as may
be prescribed under an Act of Parliament, shall each be empowered to
hold a Kadhi’s court having jurisdiction within Kenya.
(5) The jurisdiction of a Kadhis’ court shall be limited to 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 and submit to the jurisdiction of the Kadhi’s
courts.
Part 4—Judicial Service Commission
171. (1) There is established the Judicial Service Commission.
(2) The Commission shall consist of—
(a) the Chief Justice, who shall be the chairperson of the
Commission;
(b) one Supreme Court judge elected by the judges of the
Supreme Court;
(c) one Court of Appeal judge elected by the judges of the
Court of Appeal;
(d) one High Court judge and one magistrate, one a woman
and one a man, elected by the members of the association
of judges and magistrates;
Establishment of
the Judicial Service
Commission.