Article 170 of the Constitution of Kenya

Verbatim text

fewer than three, of other Kadhis as may be prescribed under an Act of Parliament. (2) A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless the person— (a) professes the Muslim religion; and (b) possesses such knowledge of the Muslim law applicable to any sects of Muslims as qualifies the person, in the opinion of the Judicial Service Commission, to hold a Kadhi’s court. (3) Parliament shall establish Kadhis’ courts, each of which shall have the jurisdiction and powers conferred on it by legislation, subject to clause (5). (4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being fewer than three in number) as may be prescribed under an Act of Parliament, shall each be empowered to hold a Kadhi’s court having jurisdiction within Kenya. (5) The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts.103

What this means

The index files this text under article 170 of the Constitution of Kenya.
The passage runs to about 191 words.
Read plainly, it mentions freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “opinion”); it mentions conscience and religion — it protects belief, conscience, religion or worship (the words used: “religion”).

The row’s stored title is a body fragment, not a heading (“(1) There shall be a Chief Kadhi and such number, being not”), so it is not used as the provision’s title here.

The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

How to cite this

Constitution of Kenya, article 170, Portable Lawyer, https://www.portablelawyer.app/provision/68617e71-f7d8-47c6-a424-4c37df9fa6c8 (accessed 25 October 2026).

Canonical URL: https://www.portablelawyer.app/provision/68617e71-f7d8-47c6-a424-4c37df9fa6c8

Accessed 25 October 2026.

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Machine-readable versions

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