Kadhis’ courts were primarily established to- and are limited to-determining questions of Muslim Law relating to divorce or inheritance, personal status, marriage for persons professing the Muslim religion and submit to the jurisdiction of the Kadhis courts.
The Chief Kadhi is based in Mombasa while Kadhis are spread across the country. While his title is somewhat ‘big’, the Chief Kadhi is a rank lower than the Chief Magistrate. His salary grade, at Job Group P, is the equivalent of a senior executive secretary at the High Court.
According to a report appearing in a local leading daily, majority of the kadhis are Form Four leavers who have minimal if any formal training in Islamic or secular law. They join the service as third class magistrate equivalents.
While this is the case, the Judiciary advertises these position and one of the requirement is that applicants must atleast possess a university degree at the bare minimum.
Here are the roles and requirements of a chief magistrate:
Chief Kadhi Salary
Salary Scale: M6: Kshs.77,527×3,877 – 81,404×4,274 – 85,474×4,274 – 89,748×4,487 – 94,235×4,712 – 98,947×4,947 – 103,894 per month
Supervision of all the Kadhi’s Courts;
Sitting as an assessor during appeals from Kadhis courts;
Arbitration of disputes on inheritance, marriages and divorce in Muslim families;
Translating Arabic related documents;
Supervising, guiding and developing staff;
Performing such other judicial functions as provided by law;
Submitting regular reports to the Chief Justice concerning the Kadhi’s Courts in general;
Submission of regular reports to Attorney-General on registration of Muslim marriages and divorces; and
Attending to matters of the sighting of the moon.
Requirements for Appointment
For appointment to this grade, an officer must have:
• Served as a Kadhi I or in a comparable position in the Public Sector or other sectors for a minimum period of three (3) years;
• A first degree in Islamic Law or its equivalent from a recognized university/institution;
• A Masters Degree in a relevant discipline from a recognized university will be an additional advantage.
• Demonstrated managerial and professional competence in work performance at that level;
• Good conduct in accordance with the Islamic faith; and
• Proficiency in computer applications.
Kadhi I
Salary Scale: M2: Kshs.30,472X1,524 – 31,996×1,599 – 33,595×1,680 – 35,275×1,764 – 37,039×1,852 -38,891×1,944 – 40,835 per month
Duties and Responsibilities
The duties and responsibilities at this level will include:-
• Arbitration of disputes on inheritance, marriage and divorce in Muslim families;
• Solemnizing and Registering Muslim marriages;
• Pronunciation and registration of Muslim divorces;
• Signing of affidavits, declarations and agreements;
• Translating Arabic related documents;
• Keeping records of all arbitrations and submitting returns of registered marriages and divorces to the Chief Kadhi; and
• Supervising registries under him in consultation with the Magistrate in charge.
Requirements for Appointment
For appointment to this grade, a candidate must have:
• Served for a minimum period of three (3) years at the level of Kadhi II;
• A degree in Islamic Law from a recognized university/institution;
• Demonstrated managerial and professional competence in work performance and results;
• Be of good conduct according to Islamic faith; and
• Proficiency in computer applications.
Kadhi II
Salary Scale: M1: Kshs.24,622×1,233 – 25,895×1,285 – 27,180×1,340 – 28,520×1,398 – 29,918 per month
Station: Various Courts
Duties and Responsibilities
This is the entry grade for the Kadhi’s cadre.
Duties and responsibilities at this level will involve:-
• Arbitration of disputes on inheritance, marriage and divorce in Muslim families;
• Solemnizing and registering Muslim marriages;
• Supervising pronunciation of Muslim divorces and registering them;
• Signing of affidavits, declarations and agreements;
• Translating Arabic related documents;
• Supervising the registries under him in consultation with the Magistrate in-charge; and
• Keeping records of all arbitrations and submitting returns of registered marriages and divorces to the Chief Kadhi.
Requirements for Appointment
For appointment to this grade, a candidate must have:
• A degree in Islamic Law or its equivalent from a recognized University/Institution;
• Profess the Islamic faith;
• Ability to effectively communicate in English, Kiswahili and Arabic;
• Good conduct in accordance with the Islamic faith; and
• Proficiency in computer applications.
