Chief Justice Martha Koome announced on Monday that the Judicial Service Commission had appointed Mr Hussein after interviewing five short-listed candidates.
Yesterday, Mr Hussein, who is yet to be sworn in, said he would prioritise unity among the country’s Muslims and settle divorce cases directly.
“We mostly encourage arbitration, where we use people like elders to resolve marital disputes. But in other cases where there are irreconcilable differences or neglect of the wife, we will settle such divorce cases,” he told the Nation.
The jurisdiction of the Kadhi court is limited to matters of marriage, divorce and inheritance in cases where the parties involved profess the Islamic faith and agree to submit to the authority of the court.
And in response to the moon sighting announcements, which have been clouded by controversy for years, Mr Hussein urged all relevant parties and organisations to work together.
“... it is important that we have a united Muslim community rather than a divided one. Even if there are disagreements, we will find amicable solutions and how best to put Muslim interests first. What we need is respect without conflict,” he said.
Mr Hussein replaces Sheikh Ahmed Muhdhar, who retired last year after 12 years in the position. A section of coastal Muslim leaders had earlier lobbied for a non-local to be appointed to the position on claims that a number of previous chief kadhi are from a prominent family in the region.
The new Chief Kadhi went to Watamu Primary School in Kilifi County and later went to Malindi High School for his secondary education. He later attended Al Azhar University in Egypt and completed a specialised course for judges with King Imam Muhamad Bin Saud in Saudi Arabia.
He started his career as Kadhi 1 in Kwale and later served as Principal Kadhi in Mombasa and Isiolo. Last year, he was transferred to Nairobi as Senior Principal Kadhi, the position he served in until his recent appointment.
According to the constitution, a person must profess Islam and have knowledge of Islamic law in order to be appointed a kadhi. One must have served as a kadhi for at least 12 years and hold a degree in Islamic law from an accredited university to be appointed Chief Kadhi.
