A row has emerged over the position of Grand Mufti of Kenya.
The holder of the position is appointed by the Kenya Muslim National Advisory Council which was created following a National Executive Council meeting in July 2021 in Mombasa.
Kemnac’s constitution in Article 4 (1) allows for the formation of the office and this was done with the blessings of the government.
“In the National Muslim Summit where 40 Muslim scholars attended in 2021, we resolved that we should materialise that office since it was in our constitution but had not been implemented," Kemnac chairman Sheikh Juma Ngao said on Monday.
"That is why we informed the government of our intention and they gave us the go ahead.”
On March 28 last year, Kemnac unveiled Sheikh Omar Buya Abubakar as the interim Grand Mufti of Kenya alongside 47 county muftis.
The mandate of the Grand Mufti is to solve contentious Islamic issues in the country through the interpretation of the Quran and using the Islamic law.
He is supposed to have the final say on Islamic matters, which even the Chief Kadhi cannot solve.
On June 24, Kemnac NEC fired Sheikh Buya as the Grand Mufti over gross misconduct and appointed former Kadhi Sheikh Mshali Khamis Mshali as his replacement.
He was a kadhi in the Chief Kadhi's office for 27 years and has an Islamic Sharia law degree from Pakistan.
However, Sheikh Buya has been fighting his dismissal and says he is still the Grand Mufti.
On Monday, a statement from his office emerged, supposedly signed by 12 county muftis and two subcounty muftis. The statement said Sheikh Buya is still the Grand Mufti and that Kemnac should stop meddling with a reconciliation process, which has supposedly started.
“Honourable Sheikh Omar Buya Abubakar, whom we all passed without opposition in front of all Muslims and the media as the Grand Mufti of Kenya is humble, truthful, reconciliatory and justice-loving person,” the statement reads.
It said the statements from Kemnac that say Sheikh Buya’s appointment has been revoked are only meant to create discord and division among Muslims.
“We ask Kemnac leaders to consider and accept the reconciliation process that Muslim leaders have started believing that Islam is about solutions and not conflict,” the statement reads.
Deputy Chief Kadhi Sheikh Sukyan Hassan said he has received a request from Sheikh Buya for a reconciliation process.
“There is that proposal. I talked to both sides and they are to set the ground. You know in reconciliation you cannot impose yourself. They have to agree," Sheikh Hassan said.
“They must be ready. I expressed my readiness provided they are ready. So, I am waiting for their feedback.”
However, Kemnac chairman Sheikh Juma Ngao said the NEC is the one that should set the record.
“However, this is the second time that the NEC has sat and issued a decision. The first time, about three months ago, it was only a warning letter. This time, two weeks ago, it was a revocation after the former Grand Mufti refused to change,” Sheikh Ngao said.
“As a chairman I cannot continue intervening because NEC is the heart of the council. We have no problem with reconciliation but so far he is not the Grand Mufti of Kenya.”
Bungoma county Mufti Sheikh Ramadhan Washiali, whose name and signature appears on the July 3 statement from the office of the Grand Mufti of Kenya on Monday denied that he signed the statement.
“The only statement we signed was two weeks ago. We were given a statement to sign but we were not told what it was about. I did not sign any document yesterday or today,” Sheikh Washiali said, adding that he has been in hospital and he called Sheikh Buya to inform him that.
He said the only talk he had with Sheikh Buya was about his health and nothing about the wrangle was discussed.
Sheikh Ngao told the Star Kemnac is pushing for a Grand Mufti Act to be established to anchor the office in the Kenyan Constitution.
He said they created the Grand Mufti office to protect the office of the Chief Kadhi because some of the Muslims in the country do not respect or follow his directives.
This is why there has always been controversy about the start and end of Ramadhan and Eid celebrations with some following the advice of the Chief Kadhi while others follow the advice of Saudi Arabia.
Countries like Tanzania, Egypt, Rwanda and Burundi have the office of the Grand Mufti in place and rarely have controversies with Islamic dates and celebrations.
