'A just and principled leader': Tributes pour in for late Chief Kadhi Athman Hussein

Chief Kadhi Athman Hussein  succumbed to cancer at his home in Mombasa’s Tudor estate.

A family spokesman, Shekue Khahale, said Hussein, 55, who left behind a widow and three children, had battled the illness for a long period. He was treated in Kenya, India, and Dubai.

“We took him to India, where he was treated for 100 days before the doctors advised us to return home. He did different tests, and was on June 16 at Aga Khan in Nairobi,” said Khahale.

A non-controversial figure who was appointed the head of the Kadhi Court on July 17, 2023, Hussein succeeded Sheikh Ahmed Mudhar, who retired after serving for 12 years.

“His health started to deteriorate after his last test on June 23 in Nairobi. We decided to bring him home to Mombasa, where he received his home care until he died,” said Khahale.

The body of the late Hussein was taken for Masjid Nuru in Bondeni area for the funeral prayer (Salat a-Janazah) in the evening and later buried at Kikowani Cemetery.

Several politicians and senior judicial officers attended the final prayers. Hussein is the first Chief Kadhi to die in office.   

Yesterday, the Chief Justice and President of the Supreme Court, Martha Koome, eulogised Hussein as a principled leader who defended justice and peaceful coexistence in Kenya.

“Hussein served the Judiciary and the people of Kenya with unwavering dedication and integrity,” Koome said of Hussein, who was born on April 10, 1970, in Watamu, Kilifi County.

Koome, who also chairs the Judicial Service Commission, said Hussein’s death is a loss to the Judiciary and the country. Hussein was the eleventh holder of the office of Chief Kadhi. 

Hussein was not a trained lawyer but is described in the legal circles as a stickler to legal procedures in deciding disputes and administering justice.

“He was good in the liberal interpretation of the Islamic law,” said Mombasa lawyer Abubakar Yusuf, who said that Hussein differed with his predecessors on Wakfu property bequeathed to the deceased.

Mr Yusuf said that in the Wakfu property banquet there are two schools of thought on valid and invalid in Islamic law, and that the departed sheikh advocated for the latter.

A valid waqf means the property has a rightful owner, while an invalid belongs to the state.

“Some of his other landmark rulings affirmed the maintenance of children under the age of 15 years and that a divorced wife can claim matrimonial properties,” said Yusuf.

Ms. Natasha Ali Errey, Chairperson of the Mombasa Law Society, said Hussein exemplified integrity, humility, compassion, and commitment to justice and righteousness.

“His wisdom, guidance, and unwavering dedication touched countless lives,” said Ms. Erry, adding that Hussein left a lasting impact on the Kadhi’s Court and Islamic jurisprudence in Kenya.

She said Hussein played a vital role within the Kadhi’s Court Committee and the Court Users Committee, striving to improve practice within the Kadhi’s Courts and enhance the lives of those it served.

After undergoing formal education, a family member said that Hussein attained his Islamic education at various institutions, primarily in Kenya.

He reportedly participated in traditional Islamic educational settings, typical in many Muslim communities, that focus on the study of the Quran, Hadith, and Islamic jurisprudence (Fiqh).

Prior to his appointment as Chief Kadhi, Hussein served in various capacities within the Kadhi court system. He served as Kadhi of Nairobi, where he handled important cases related to Islamic law.

He has held a Kadhi position across the country, accumulating extensive experience in family law, divorce, inheritance, and related disputes under Islamic law.

Upon his appointment, he emphasised his intention to be a leader for all Muslims in Kenya, not just within the court system but also in the community.

He was well received by the Islamic community throughout the country, and he proceeded to participate in and empower community engagement, where he often participated in public lectures and discussions on issues affecting the Muslim community in Kenya.

Other lawyers said that his notable achievements include his emphasis on the importance of connecting with the community and advocating for increased participation in religious and cultural activities.

He also urged parents and the community to prioritise religious education, recognising its vital role in nurturing young generations within the faith.

Hussein is known to have expressed a commitment to building community resilience through affordable matrimonial services, aiming to facilitate smooth marital processes for young couples.