The Kadhis’ Courts, established under Article 170 of the Constitution of Kenya, decide questions of Muslim law relating to personal status, marriage, divorce and inheritance where all the parties profess Islam and submit to the court’s jurisdiction. SMC Advocates has represented clients before the Kadhis’ Courts for many years and is known for its standing in this area.
Matters we handle
- Marriage: registration, validity and disputes over dowry (mahr).
- Divorce (talaq and khul’), including maintenance during the waiting period (iddah).
- Custody and maintenance of children.
- Inheritance and the administration of Muslim estates. See Muslim succession.
- Appeals from the Kadhis’ Courts to the High Court.
How we work
Family matters are personal. We listen first, explain your options under both Islamic and Kenyan law, and look for settlement where it serves you. When a hearing is needed, we prepare thoroughly and represent you with discretion.
Frequently asked questions
Who can file a case in the Kadhi’s Court?
Parties who profess the Muslim religion can bring questions of Muslim law on personal status, marriage, divorce or inheritance, provided they submit to the court’s jurisdiction.
Can a Kadhi’s Court decision be appealed?
Yes. Appeals from the Kadhis’ Courts lie to the High Court.
Do I need an advocate in the Kadhi’s Court?
You may represent yourself, but an advocate helps you present evidence properly, protects your rights and often achieves a quicker resolution.
Speak to our Islamic law team. Call (+254) 793 368 555, email info@swalehmwangi.co.ke, or request a free consultation. Our offices are on the 10th Floor, Highway Heights, Marcus Garvey Road, Kilimani, Nairobi.