Separating the Church from State: The Kenyan High Court's Decision in Jesse Kamau and 25 Others v Attorney General (Judgment of 24 May 2010)

Section 66 of the 1963 Kenyan Constitution established the Kadhi's courts with the jurisdiction to determine?questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion?. 26 Christians petitioned the High Court and argued that section 66 was unconstitutional because it, inter alia, violated the principle of separation of Church and state. The court found in their favour and held that Kenya is a secular state, that section 66 violated the doctrine of separation of state and Church, and that it was discriminatory and contrary to section 82 of the constitution which prohibits discrimination. This note gives the facts of the case, the issues before the court and the court's decision. It also analyses the court's decision.