Mombasa,KENYA:Mombasa high court on Monday dismissed an application filed by Muslim community seeking to challenge the appointment of six members of commission for safeguarding Islamic property trust- WAKF.
Muslims community including Council of Imams and Preachers of Kenya (CIPK), Supreme Council of Kenya Muslims (SUPKEM) and Mazurui Family had challenged in court appointment of Prof.Hamadi Iddi,Sheikh Juma Ngao, Zubeir Noor, Nagib Shamsan, Sheriff Hussein and Mwanakitina Bakari as new wakf commissioners.
The six commissioners were appointed by attorney general Githu Muigai to safeguard Islamic property trust for the next three years.
Their appointment was published in the Kenya Gazette notice number 31256 of 28 April.
An affidavit sworn by the applicants stated that there was no participation by the Muslim community in the nomination of the wakf commissioners by the regional coordinator for appointment by the minister responsible for wakf commission,as required by section 6(1).
They also complained that there was no public participation in the submission of names of five Muslims by regional coordinator of the coast region for appointment by the minister or how the Muslims opinion at the coast was obtained before the names were submitted to the minister for appointment as wakf commissioners.
In court ruling Justice Anyara Emukule said there was no reason to show that the minister or the coordinator failed to take into account the concerns of the ex -parte applicants in nominating the new commissioners.
Justice Emukule ruled that among the six commissioners the terms of three commissioners were renewed in according to section 6 (2) of the wakf commission acts,and nominated after considering Muslim opinion on their suitability to continue serving as wakf commissioners.
He added that other three commissioner include a lady Mwanakatina Bakari brought gender balance in the accordance with article 27(1) and (8) of the constitution on equity and gender balance.
‘I don’t find merit in the notice of motion dated 23rd June, 2016 and dismissed the same with direction that this being public interest litigation each party shall bear its own costs’he conclued