Hello all, new account motivated by @tritelaws and @TriteLawUK
Looking forward to a productive engagement where Kenyans can learn more about the trite laws in the Kenyan Jurisdiction.
The CoA decision in Faraj was and is still subject to intense criticism from prominent islamic legal scholars. The Supreme Court today finally settled the issue in its landmark decisions, which will have a ripple effect on other questions on islamic personal law
Dear Law Students,
The Supreme Court of Kenya has this morning delivered a landmark judgment in the case of Fatuma Abud Farah v. Ruth Faith Mwawasi & 2 Others. The case centered on a crucial constitutional question: Is it lawful under the Constitution to exclude children born out of wedlock from inheriting their deceased father's estate under Islamic law?
At the heart of the Supreme Court’s reasoning was Article 24(4) of the Constitution, which provides:
“The provisions of this Chapter on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.”
The Supreme Court interpreted the phrase “to the extent strictly necessary” as requiring a rigorous application of the principle of proportionality. In other words, any departure from the general constitutional guarantee of equality must be narrowly tailored, reasonable, justifiable, and necessary. This means that Article 24(4) is not a blanket exemption allowing Islamic law to override the right to equality under Article 27 of the Constitution. Instead, it permits only limited and justified exceptions in strictly necessary circumstances.
The Court held that excluding children born out of wedlock from inheriting their father’s estate, based solely on their birth status, is unreasonable and unjustifiable. Such exclusion fails to meet the threshold of necessity and proportionality required under Article 24(4). Therefore, it violates the constitutional guarantee of equal protection and benefit of the law.
https://t.co/08s6LV5f2N
It started as a display of anger on TikTok against a controversial financial bill.
Now, Kenyan youth have taken to the streets in demonstrations that are not organised by political parties, but by youngsters amred with smartphones. #financebill
https://t.co/kVlTfVR6Ug
Changing freehold land into leasehold is how former slaves were short-changed & subjected to poverty, 160 yrs later blacks still struggle to create wealth. Leasehold land is the most anti-citizen, anti-sovereignty, & anti-liberty thing u can do to people.
#RejectFinanceBill2024
For those of us joining the protests tomorrow;
1. Try not to converge at predictable spots in town like the Archives. Police are obviously on the radar.
2. Have data and share your live location with your friends.
3. Don't walk alone. Walk in groups.
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#RejectFinanceBill2024
4. Should you get arrested and bundled into a VW Tiguan or Subaru with private plates, master the number plates before getting in. Live tweet immediately.
5. In case you need any legal assistance call this toll-free line provided by @LawSocietyofKe
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#RejectFinanceBill2024
Sisi kama students of the law from different law schools na hata wa ksl on Thursday we should be on the frontline tukiwa hapo tunawaeducate watu about this bill @mwanawaingo unaona aje?
If you get arrested during the #OccupyMombasa please DM me and if you know anyone that's been arrested share their full names.
There's a group of lawyers available ✊🏼
It was interesting to see that majority of the protesters at the frontlines were young women. The cops get so conflicted on unleashing brutal violence against a small girl with a big voice. Radical, revolutionary and absolutely admirable!
At Kilimani Police Station, the nine @Pawa254 personnel arrested in relation to #RejectFinanceBill2024 are being held pending "orders from above". "Above" next to "orders from" usually means Bungei, Koome, Kindiki or State House.
Police have decided to teargas Advocates and @LawSocietyofKe council members who were at the Central Police Station seeking the release of innocent protestors. This is a new low for the @NPSOfficial_KE. Our resolve remains unchanged, we must stamp out impunity.