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Kadhi courts or Kadhi's courts are a court system in Kenya that enforce limited rights of inheritance, family, and succession for Muslims. [1] The history of Kadhi courts extends prior to the colonization of East Africa in the 19th century, and the courts continued under British rule and after Kenyan independence in 1963. [1] An estimated 7% to 20% of the population of Kenya is Muslim. [2]
In May 2010, a three-judge bench of the High Court ruled that the inclusion of Kadhi courts in current Constitution was illegal and discriminatory. [3]
A new Constitution of Kenya approved by referendum on August 4, 2010 [4] establishes the Kadhi court system as a subordinate court under the superior courts of Kenya (Supreme Court, Court of Appeal, and High Court). [5]
The language of the new constitution (section 170) states, "There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under an Act of Parliament.... The jurisdiction of a Kadhi's 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". [5] [6] The establishment of Kadhi courts in the proposed constitution was a subject of debate, especially among Christian church leaders. [7]
The politics of Kenya take place in a framework of a presidential republic, whereby the president is both head of state and head of government, and of a multi-party system in accordance with a new constitution passed in 2010.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
The Constitution of the Republic of Croatia is promulgated by the Croatian Parliament.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBTQ residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by five years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.
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The Government of Thailand, officially the Royal Thai Government, is the unitary government of the Kingdom of Thailand. The country emerged as a modern nation state after the foundation of the Chakri dynasty and the city of Bangkok in 1782. The Revolution of 1932 brought an end to absolute monarchy and replaced it with a constitutional monarchy.
The Government of the Republic of Kenya (GoK) is the national government of the Republic of Kenya located in East Africa. It is composed of 47 Counties, each county with its own semi-autonomous governments, including the national capital of Nairobi, where the national government is primarily based.
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The Constitution of Kenya is the supreme law of the Republic of Kenya. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters. The constitution was promulgated on 27 August 2010.
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