9 Women’s Views on the Role of Kadhi’s Courts: A Case Study of Kendu Bay, Kenya

Abstract

This chapter examines how Muslim women in remote rural community on the shores of Lake Victoria have interacted with Kadhi's Courts. The existence of Kadhi's courts in the coastal strip of Kenya had been ensured under the agreement between the Sultan of Zanzibar and the British to preserve an Islamic way of life. However, during the British colonial period, beyond the coastal strip, Kadhi's courts were only established in areas with a significant Muslim presence. Kendu Bay, is a small rural town situated on the shores of Lake Victoria in the western part of Kenya. The chapter, by studying women from a remote rural location, discovers whether these women are able to access Kadhi's courts and to benefit from them. This research was carried out as the place of Kadhi's courts in the Constitution of Kenya was being hotly debated throughout the nation. Keywords: British colonial period; Kadhi's courts; Kendu Bay; Kenya; Muslim women; remote rural community; Sultan of Zanzibar