NAIROBI, Kenya Oct 17 – Attorney General Githu Muigai has assured the Muslim community of the government’s commitment to restructure the Wakf commission, a body tasked with overseeing the management and utilization of Muslim property in line with the Constitution.
Wakf according to Islamic law and Section 2 of the Wakf Commissioners Act is a religious and charitable commission that mainly administers property and other related matters in the Muslim Community set aside for charitable purposes.
Muigai, who was speaking on Tuesday when he opened the National Conference on the Review of the Wakf Commissioners of Kenya Act 1951, assured Muslim stakeholders that his office will closely work with Parliament and draft the relevant Bill and has already appointed a 10-member task force to review existing laws.
“All of us are in agreement that this law no longer serves the interests of the Muslim community. It is outdated and its structures are not consistent with all the developments that have taken place since 1951,” said the AG.
Muigai appointed a 10-member task force in October 2015 to review the 1951 Act to align it with the current Constitution. The task force led by JKUAT professor Hamadi Boga was supposed to make recommendations based on international best practices regarding the management and utilization of Wakf properties in line with Islamic law.
National Assembly Majority Leader Aden Duale, who also spoke at the conference, said the move is long overdue because existing laws are not in line with the current Islamic law and the Constitution.
“This Act of 1951 in terms of legal, policy and institutional framework should have been amended long time ago to put in line with the Constitution of Kenya because the constitution of Kenya 2010 is very unique so unless it is realigned to the Constitution it becomes an issue,” said Duale.
If the amendments go through, Muslim widows and orphans across the country will get to enjoy the benefits of the wealth in the custody of Wakf Commissioners of Kenya.