The man filed for divorce at a Kadhi court in Kibera. PHOTO | FILE | NATION MEDIA GROUP Kadhi’s courts cannot determine a divorce case between a Muslim and Christian couple, the High Court has ruled while restoring a marriage between a Catholic woman and her Muslim husband. Justice Aggrey Muchelule has also held that the Kadhi’s court has no jurisdiction to hear matters concerning custody and maintenance of children. The judge made the findings while ruling on an appeal by a Christian woman who had converted to Islam so as to be able to marry her Muslim lover. But after solemnising their union, the woman named as Ms VK in court documents converted back to her Christian religion, a move that irked the man named as Mr SA. As a result, Mr SA filed for divorce at a Kadhi’s court in Kibera. The couple got married in 2008 under Islamic law and in the course of the marriage they got a child. On April 10, 2017, the man filed a petition before the Kadhi’s court in Kibera seeking dissolution of the marriage and custody of the child. The woman did not defend the divorce petition. The Kadhi named […]
