As Kenya mourns the passing of its Chief Kadhi, Sheikh Abdulhalim Hussein, the country reflects on both the life of the prominent religious figure and the unique place the office holds in the nation’s constitutional and cultural heritage.
The Chief Kadhi is a judicial officer who presides over the Islamic Kadhi’s Courts, which are part of the country’s legal system. In Kenya, the Chief Kadhi is not just a judge or a religious leader. The office of the Chief Kadhi represents the long, complex relationship between state and religion in Kenya, especially the compromise made during the country’s formation to protect the rights of its Muslim population, particularly those living along the coast.
A Role Born of Identity
The roots of the Chief Kadhi’s office lie in the historic 10-Mile Coastal Strip, a narrow stretch of land running along Kenya’s Indian Ocean coast from Vanga in the south to Lamu in the north. While the rest of Kenya was a British colony, this 10-mile strip was technically under the control of the Sultan of Zanzibar.
Before colonial rule, Islamic law was already being practised on the East African coast, in places like Lamu, Mombasa, and Malindi. Local Muslim leaders and judges (kadhis) settled family, marriage, and inheritance disputes according to Sharia law. The Kadhi system of administration, together with the Liwali system, had been introduced by the Oman Sultanate when it established its base in Zanzibar.
When the British colonised Kenya, the Sultan of Zanzibar leased the 10-mile coastal strip to the British government in 1895. Effectively, this unique status as a protectorate allowed for Islamic law and institutions to flourish along the coast. Coastal Muslim communities, especially the Swahili, had long practised Sharia-based family law, which settled matters such as marriage, divorce, and inheritance. These were handled by the Kadhi’s Courts, which were presided over by local Islamic judges.
In 1920, when the Colony and Protectorate of Kenya was established, the British formalised the Kadhi’s Courts to help maintain order and respect local traditions. This also marked the institutionalisation of the Chief Kadhi, who was appointed to oversee these courts and provide guidance on Islamic jurisprudence.
Independence and a Constitutional Compromise
As Kenya approached independence in the early 1960s, the question of what would happen to the 10-Mile Strip and its unique legal and religious practices became a key issue.
Coastal Muslim leaders feared domination by a majority-Christian Kenya. They demanded constitutional protection for their religious institutions. The solution came through a tripartite agreement between the Kenyan nationalist leaders, the British colonial administration, and the Sultan of Zanzibar during the Lancaster Conference. The coastal strip would be integrated into Kenya, but only on the condition that the Muslim way of life would be honoured and respected. Islamic institutions, particularly the Kadhi’s Courts and the Chief Kadhi’s office, would be formally recognised in the new Constitution.
As a result, the 1963 Constitution of Kenya enshrined these courts and the role of the Chief Kadhi.
In 2010, during the constitutional referendum, some Kenyans, particularly church leaders, raised concerns about whether having religious courts (Kadhi’s Courts) in the public judicial system violates the secular character of the state. The church-led opposition wanted the entire institution of the Kadhi courts removed completely from the new Constitution. Their arguments included that the state should not fund religious courts, that this shows preferential treatment toward Islam, and that other religious communities don’t have parallel courts
The 2010 Constitution ended up continuing to recognise the courts, and even strengthened them under Article 170. But the debate highlighted religious tensions and confusion about the limited jurisdiction of the Kadhi’s Courts.
The Role of the Chief Kadhi Today
The Chief Kadhi is the head of the Kadhi’s Courts in Kenya and presides over cases involving Muslim personal law, but only where both parties are Muslim and consent to the court’s jurisdiction. The scope is strictly limited to marriage, divorce, inheritance and personal and family law among Muslims
Aside from the courtroom, the Chief Kadhi also plays a symbolic and religious role. From issuing guidance on the Islamic calendar, which results in highlighting the key moments of announcing when the holy month of Ramadhan begins and ends, and when the day of the Eid of sacrifice, to offering counsel on spiritual and communal matters.
How is the Chief Kadhi Appointed?
According to Kenya’s laws, the Chief Kadhi is appointed by the Judicial Service Commission (JSC). The process involves:
- A public advertisement for qualified candidates
- Interviews and vetting by the JSC
- The appointment of a candidate who must:
- Be a Kenyan citizen
- Be proficient in Islamic law (Sharia)
- Have sufficient knowledge of Arabic
- Be of good moral standing and recognised within the Muslim community
- Be a Kenyan citizen
The appointment is then formalised through a gazette by the Kenyan government.
Controversies and Representation
The office of the Chief Kadhi in Kenya, while constitutionally protected and historically significant, has not been without controversy. These controversies often reflect broader tensions around religion, identity, regional representation, and constitutional interpretation.
Occasionally, national laws have clashed with the Kadhi’s Court, especially around child custody, inheritance, or constitutional protections. In July 2025, Kenya’s Supreme Court ruled that children born out of wedlock to Muslim fathers can inherit their father’s estate. This sparked a debate within Muslim communities about the conflict between Kenya’s secular legal framework and religious rulings, where, in this case, children born out of wedlock are not allowed to inherit in Islam.
One of the most recurring controversies within the Islamic community is that all Chief Kadhis have historically come from the Coast, particularly from Mombasa or Lamu. The Coast is considered the historical seat of Islamic authority in Kenya, with older religious institutions and a strong tradition of Arabic and Islamic scholarship. A majority of coastal scholars also follow the dominant Islamic school of thought in the region, which is the Shafi jurisprudence.
This tradition has increasingly come under scrutiny. Islam has spread beyond the coastal strip and taken root in various parts of the country. Muslims from ethnic Somali, Nubian, and revert communities have begun to question the fairness of this coastal dominance. The rise of Wahhabism and other reformist movements in Kenya has deepened theological and ideological divisions, as Muslims increasingly follow different interpretations of Islam and seek greater representation in national religious institutions.
The office of the Chief Kadhi and the Kadhi’s Courts represent a unique intersection of faith, law, and history in Kenya. Born out of centuries of Islamic tradition along the coast and preserved through colonial negotiations and constitutional compromise, these institutions have continued to serve as a vital tool for Muslims in Kenya. The continued relevance of the Chief Kadhi’s office will depend on its ability to understand and adapt to the realities of a changing Muslim community.
