Constitution of Kenya (Repealed) - Kenya Law Reports

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52 Constitution of Kenya[Rev. 2009PART 2Other CourtsEstablishment ofother courts.65. (1) Parliament may establish courts subordinate to the HighCourt and courts-martial, and a court so established shall, subject to thisConstitution, have such jurisdiction and powers as may be conferredon it by any law.(2) The High Court shall have jurisdiction to supervise any civilor criminal proceedings before a subordinate court or court-martial,and may make such orders, issue such writs and give such directionsas it may consider appropriate for the purpose of ensuring that justiceis duly administered by those courts.(3) The Chief Justice may make rules with respect to the practiceand procedure of the High Court in relation to the jurisdiction and powersconferred on it by subsection (2).Kadhi’s courts.66. (1) There shall be a Chief Kadhi and such number, not beingless than three, of other Kadhis as may be prescribed by or under anAct of Parliament.(2) A person shall not be qualified to be appointed to hold or actin the office of Kadhi unless -(a) he professes the Muslim religion; and(b) he possesses such knowledge of the Muslim law applicableto any sect or sects of Muslims as qualifies him, in theopinion of the Judicial Service Commission, to hold aKadhi’s court.(3) Without prejudice to section 65 (1), there shall be suchsubordinate courts held by Kadhis as Parliament may establish and eachKadhi’s court shall, subject to this Constitution, have such jurisdictionand powers as may be conferred on it by any law.(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhiand such of the other Kadhis (not being less than three in number)as may be prescribed by or under an Act of Parliament, shall eachbe empowered to hold a Kadhi’s court having jurisdiction within theformer Protectorate or within such part of the former Protectorate asmay be so prescribed:Provided that no part of the former Protectorate shall be outsidethe jurisdiction of some Kadhi’s court.
Rev. 2009]Constitution of Kenya 53(5) The jurisdiction of a Kadhi’s court shall extend to thedetermination of questions of Muslim law relating to personal status,marriage, divorce or inheritance in proceedings in which all the partiesprofess the Muslim religion.67. (1) Where a question as to the interpretation of this Constitutionarises in proceedings in a subordinate court and the court is of the opinionthat the question involves a substantial question of law, the court may,and shall if a party to the proceedings so requests, refer the questionto the High Court.Referencesand appeals oninterpretation ofConstitution.(2) Where a question is referred to the High Court in pursuance ofsubsection (1), the High Court shall give its decision upon the questionand the court in which the question arose shall dispose of the case inaccordance with that decision.(3) When the High Court is determining a matter in connexionwith a reference to it under subsection (1) (other than an interlocutorymatter) it shall be composed of an uneven number of judges, not beingless than three.(4) Where a subordinate court or a court-martial has given afinal decision in civil or criminal proceedings on a question as to theinterpretation of this Constitution, and the question has not alreadybeen referred to the High Court under subsection (1) of this section orunder section 84 (3), an appeal shall lie against that decision as of rightto the High Court, either -(a) direct; or(b) if -(i) an appeal lies as of right from the decision to anothersubordinate court or court-martial; or(ii) an appeal lies from the decision to another subordinatecourt or court-martial with the leave of the court thatgave the decision or of some other court, and that leavehas not been withheld,by way of that other subordinate court or court-martial.PART 3The Judicial Service Commission68. (1) There shall be a Judicial Service Commission which shallconsist of -Judicial ServiceCommission.
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Constitution of Kenya (Repealed) - Kenya Law Reports

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