On June 30, the Supreme Court of Kenya sparked frustration among many Muslims when it ruled that a child born out of wedlock to a Muslim man can inherit his estate, contrary to the position under Islamic law.
Aggrieved Muslims argue that the judgment subjugates Islamic law to secular doctrine and undermines their right to practise their faith under Article 32 of the Constitution and Section 2(3) of the Law of Succession Act, which codifies Muslim personal law in Kenya.
Some see a troubling pattern in the Court's handling of Muslim matters.
They cite a 2019 judgment which denied Muslim girls in secular and Christian schools the right to wear hijab, arguing it breached Articles 27 and 32, which protect equality and religious freedom.
