NAIROBI, Kenya, May 25 - The Attorney General has moved to court to challenge the ruling made on Monday declaring the inclusion of Kadhis Courts in the Constitution illegal.
The AG has already filed notice of his intention to appeal the decision.
He argues that the ruling was in itself unconstitutional.
He will later be expected to file the appeal and get hearing dates.
The High Court ruled that the inclusion of the courts contravened the principle of the separation of State and Religion and as such should not form part of the Judiciary in the Constitution.
The landmark ruling was made by Justices Joseph Nyamu, Mathew Emukule and Roselyne Wendoh following a case that was filed in 2004.
The judges said the entrenchment of the Kadhis courts in the Constitution “elevates and uplifts the Islamic religion over and above other religions in Kenya.”
This, the Bench held, is inconsistent with section 78 and 82 of the current Constitution and discriminatory in its effects against Kenyans of other faiths.
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