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Calm urged as process begins to replace late Chief Kadhi

Calm urged as process begins to replace late Chief Kadhi
The late Chief Kadhi Sheikh Athman Abdulhalim Hussein. PHOTO/Handout
In Summary

Hussein’s passing marks the start of a formal succession process that will be overseen by the Judicial Service Commission (JSC), under the leadership of Chief Justice Martha Koome.

The death of Chief Kadhi Sheikh Abdulhalim Hussein has stirred calls for unity and calm as the country begins the legal process to appoint his successor.

Sheikh Hussein passed away on Wednesday evening and was laid to rest at Seif Halwa Kikowani cemetery in Mombasa on Thursday evening.

He had served as the country’s top Islamic judicial officer since July 2023, following the retirement of his predecessor, Sheikh Ahmed Mudhar, who held the position for 12 years.

Hussein’s passing marks the start of a formal succession process that will be overseen by the Judicial Service Commission (JSC), under the leadership of Chief Justice Martha Koome.

The JSC is expected to declare the position vacant, advertise it, and appoint the most senior Kadhi to serve in an acting capacity. Applicants will then be invited to apply, shortlisted, and interviewed publicly.

The commission will select the most suitable candidate, who will then be gazetted as the new Chief Kadhi.

Speaking after the burial, United Democratic Alliance (UDA) secretary general Hassan Omar urged the Muslim community to remain calm and allow the JSC to carry out its duties independently and without interference.

“We all know what the process is. He [Chief Kadhi] is a judicial appointee,” said Omar.

He emphasised that while the Chief Kadhi holds a constitutional and judicial mandate, there is also a traditional aspect to the office that carries spiritual and communal significance for Muslims in the country.

“So we are quite certain that she [CJ Koome] will make the right choice, much as there is the expectation of the Muslim community, and continue to entrench the institution of the Kadhi’s Court,” said Omar.

The UDA official also warned against attempts to dilute the authority of Islamic law under the guise of modern interpretations. He stressed that the new Chief Kadhi must remain firmly rooted in Islamic teachings and avoid bending religious principles to suit societal trends.

“The new Chief Kadhi must uphold the actual structures of the Quran,” Omar said.

The transition at the Kadhi’s Court is seen as critical in maintaining not only judicial continuity but also community trust in the institution, which deals with matters of personal law among Muslims, including marriage, divorce, and inheritance.

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