New Draft Kenya Constitution Guarantees Church-State Separation, But Recognizes Kadhis Courts

On Nov. 17, a government panel in Kenya released a draft constitution for the country (full text). It could be voted on in a referendum next year. A previous draft constitution was defeated in a 2005 referendum. (AP). Chapter 2, Sec. 10 of the new document released by the Committee of Experts on Constitutional Review provides:

(1) State and religion shall be separate.
(2) There shall be no State religion.
(3) The State shall treat all religions equally.

The current draft (Chap. 13, Sec. 208) contains a controversial provision that would recognize Muslim civil courts (Kadhis courts). Muslim courts are now recognized in Kenya by an act of Parliament, but this would give them constitutional protection. Afrique en Ligne reported yesterday that the powerful Anglican Church of Kenya has called for an amendment to remove recognition of Kadhis courts from the constitution, calling the inclusion of the provision a contradiction of equality of all religions. The Church would leave Kadhis court recognition to statute. The Anglican Church also called on the drafters to clearly define the right of Kenyans to propagate religion and the right of individuals to convert to another religion. (See prior related posting.)