SHARIAsource

Constitution for Kenya in English, published with the permission of Constitute.

Nurani v. Nurani was a case adjudicated by the Court of Appeal at Nairobi in 1982. The Court held it had concurrent jurisdiction with the Ismaili Council for Kenya, through its sectarian tribunal. Thus, this tribunal had the first right to issue a decision on issues arising from the couple's divorce since both the husband and wife had submitted to its jurisdiction. In this decision, the Court contextualized the role of the sectarian tribunal within the context of Kenya's pluralist legal system.

In TSJ v. SHSR, decided by the High Court of Kenya at Nairobi, the Court found that the Kenya Ismaili Conciliation and Arbitration Board did not have the jurisdiction to adjudicate upon a matter of divorce despite the fact that both husband and wife had initially submitted to its jurisdiction. The Court held that either it, or the Kadhis' Courts, could have exclusive jurisdiction in this matter.