The Constitution of Kenya Review Commission - [Cached Version]
Published on: 9/1/2002
Views were divided as to whether the coastal strip should be treated as a single entity with Kenya Colony, or whether it should be handed back to the Sultan of Zanzibar or it be treated as an independent entity and declared Independent.
In a report submitted to the British Government and the Sultan of Zanzibar entitled ‘The Kenya Coastal Strip Ð Report by the Commissioner’ Mr. Robertson recommended that the coastal strip be incorporated into Kenya before self government and independence subject to certain safeguards being given to the coastal people which should be entrenched in the constitution.
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Robertson further recommended that the British Government abrogate the 1895 Agreement with the Sultan of Zanzibar and that another Agreement be made between the Government of Kenya and the Sultan of Zanzibar whereby the Sultan of Zanzibar will surrender his Sovereignty claims over the Coastal strip in consideration of the Kenya Government undertaking to respect and safeguarding inter alia the maintenance of the Sharia Law for Muslims and the retention of the Kadhi’s Courts.
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On the 5th October 1963, the said Agreement was actually executed in the form of an exchange of letters between the Prime Ministers of Kenya and Zanzibar Messrs Jomo Kenyatta and M. Shamte respectively.
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That Kadhis’ work should be restricted to judicial work and Muslims to elect their own Islamic/spiritual leader (mufti) who will be their official spokesman and an advisor to the government on issues affecting Muslims in Kenya.
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Muslim personal law on marriage, divorce, inheritance and succession is not codified into legislation in Kenya. It is left to the Kadhi’s in their different courts to interpret the law as they understand it.There are no reports of the Kadhi’s Court's decisions - hence this has hampered the growth of Islamic Law jurisprudence in Kenya.
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Muslims are mainly of two sects in Kenya - the Sunni and Shia.Majority of the Muslims in Kenya are Sunni Muslims but there is a significant population of Shia Muslims too and consideration ought to be given to the appointment of Kadhis of the Shia Sect to cater the interest of the Shia Muslims.
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Under Section 66 of the constitution as read with the provisions of the legislations passed pursuant to that Section, Islamic Law is clearly recognised as a source of the Laws of Kenya in as far as matters pertaining to marriage, divorce and inheritance for the Muslims is concerned.The Kadhi’s Court's and the High Court must apply the Muslim Personal Law in dealing with Muslim personal matters. However, Section 3 of the Judicature Act, Chapter 8, Laws of Kenya which lists the sources of the Laws of Kenya and provides for the Jurisdiction of the various Courts in Kenya, does not include Muslim personal law as one of the sources of the Laws of Kenya subject to limitation as to the scope of application.The result has been that Institutions of higher learning in Kenya that teach law to students do not include Islamic Law in their curriculum or courses.Consequently, when lawyers get admitted to the bar in Kenya as advocates with the right of audience before all Courts, they find it difficult to effectively represent clients in the Kadhi’s Court's especially if they are not Muslims and have not studied Islamic Law. It is therefore necessary to recognize Islamic Law as one of the sources of the law in Kenya and for the same to be taught at universities and in the Kenya School of Law.
and MY personal favorites:
... "recommended that the coastal strip be incorporated into Kenya before self government and independence subject to certain safeguards being given to the coastal people which should be entrenched in the constitution" ...
... "Agreement was actually executed in the form of an exchange of letters" ...
It appears the "Ten-Mile Strip" (where Obama's possible place of birth is located) was separate and seemingly sovereign from the county that WOULD eventually BECOME the "Republic of Kenya" -- at least for a short while in 1963 and 1964.
* I wonder what they might have called themselves in the interim, to ensure they wouldn't be annexed by Zanzibar, you know, BEFORE the whole of Kenya became a Republic on Dec. 12, 1964? *
This guy is from Mombasa and has written about the politics of this time.
interesting read.
http://www.ndegwa.com/images/Citizenship_and_Ethnicity.pdf
starting around page 7 is the 1960-1964. kenya operated with different districts, different ways, different docs i guess.
You never fail to amaze me with your research and it’s accuracy! Well done!
I agree with you 100%. I’ve been on the other thread Jim posted, so Excerpt:
It does look as though someone had this put away for a very, very long time.
I posted on an older thread a long time ago that whoever had this thing would release it if obama got too far out of line or lost his usefulness.
The other day, I said he had missed an important deadline.
My money is still on bill clinton. If that sounds crazy, so be it.
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This thing looks very real. Whoever says right out of the box that this is a forgery is nuts or lying through their teeth.
If it IS a forgery, it sure isn’t the one the obots want out there.
Excellent work BP2. I commend you.