Christian and Muslim leaders have spoken out against the religious clause in Kenya’s proposed Draft Constitution, which would allow all religions to establish their own courts. The current Constitution provides only for khadis’ (Islamic) courts.

Two Catholic archbishops expressed yesterday their opposition to the possibility of religious courts, including Christian courts.

Archbishops Zacheus Okoth of Kisumu and John Njue of Nyeri, also the Vicariate of Isiolo, said that Kenya, as a secular state, should not provide for any religious courts in the Constitution, reported the online newspaper All Africa.

Archbishop Okoth, who was a Bomas delegate and member of the Judiciary sub-Committee, expressed his confusion at how religious courts were now being proposed in the Draft Constitution after being rejected: “How it is featuring now is what I don’t understand.”

The moderator of St Andrew’s Church, the Rev Patrick Mungiriria, echoed these sentiments, saying they had not made any proposal to include Christian courts: “This inclusion has come as a surprise to us”.

The country’s Muslim leaders also voiced their opposition, saying, “Most of the issues in the Bill are not realistic and were never discussed by anyone except those who prepared the Bill”.

Justice and Constitutional Affairs minister Kiraitu Murungi said on Wednesday that the inclusion of religious courts was intended as a compromise and that the Government had decided to afford all religions equal treatment under the law in order to prevent a ‘no’ vote.

Mr Murungi said: “Christians said if they saw the word ‘Kadhi’, they would mobilise supporters to vote No in the referendum.” He continued: “Muslims, too, said if the courts were removed, they would vote [no].”