Kenya to appeal against Islamic Kadhi court decision

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Muslims pray at a mosque in Mombasa
Image caption,

Muslims would go to a Kadhi court with family law problems

Kenya's attorney general says he will appeal against a court decision declaring a form of Islamic courts discriminatory.

On Monday, three judges said "Kadhi" courts favoured Islam over other faiths, and this was unconstitutional since Kenya is a secular country.

The Kadhi courts deal mainly with matters of marriage and inheritance among Kenya's Muslim minority.

They have been a contentious issue as Kenya debates a new constitution.

The country's Attorney General Amos Wako said the judgement itself was unconstitutional and sets a bad precedent.

The Kenyan government - including Mr Wako - supports a draft of the constitution which includes Kadhi courts.

However the Christian churches - which brought the Kadhi case to court six years ago - are opposed to this.

As part of a power-sharing deal to end deadly riots in Kenya following elections in December 2007, it was agreed that a new constitution would be written.

A referendum on the proposed new constitution is due in August.

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