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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 to oversee the administration and management of waqf properties in Kenya. Waqf, an Islamic endowment of property to be held in trust and used for a charitable or religious purpose, plays a significant role in the socio-economic development of the Muslim community. The Waqf Commission ensures that these properties are managed efficiently and in accordance with Islamic law.
Table of Contents
Introduction
Establishment and Legal Framework
Functions of the Waqf Commission
Administration and Management
Relevant Case Laws
Conclusion
Sources
1. Establishment and Legal Framework
The Waqf Commission of Kenya was established under the Waqf Commissioners Act (Cap 109) of 1951, which was later updated by the Waqf Act No. 8 of 2022. The Act provides the legal framework for the appointment of Waqf Commissioners and prescribes their powers and duties. The Commission is responsible for the administration of all waqf properties in Kenya, ensuring they are used for the intended charitable or religious purposes.
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2. Functions of the Waqf Commission
The Waqf Commission of Kenya has several key functions as outlined in the Waqf Act. These include:
Registration of Awqaf: The Commission is responsible for registering all waqf properties in Kenya. This ensures that all such properties are documented and recognized legally.
Administration and Management: The Commission administers and manages waqf properties, ensuring they are used for their intended purposes. This includes overseeing the maintenance and utilization of these properties.
Supervision: The Commission supervises the efficient and effective management of all registered waqf properties. This involves regular inspections and audits to ensure compliance with the law.
Implementation of the Act: The Commission ensures the effective implementation of the provisions of the Waqf Act. This includes formulating policies and guidelines for the management of waqf properties.
Dispute Resolution: The Commission also plays a role in resolving disputes related to waqf properties. This ensures that any conflicts are settled in accordance with Islamic law and the provisions of the Waqf Act.
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3. Administration and Management
The Waqf Commission is composed of members appointed to oversee the administration of waqf properties. The Commission consists of:
Chairman: Appointed by the President, the Chairman leads the Commission and ensures its functions are carried out effectively.
Members: The Commission includes members from various sectors, including provincial officials and Muslim appointees. These members bring diverse expertise to the management of waqf properties.
Secretariat: The Commission has a secretariat that handles the day-to-day operations, including record-keeping, financial management, and coordination of activities.
The Commission establishes necessary structures for its functions, formulates policies for effective performance, and collects Zakat and other charitable contributions to support its activities.
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4. Relevant Case Laws
4.1. Mohamed Okashi Mohamed v Ethics and Anti-Corruption Commission & Others (2022)
Parties: Mohamed Okashi Mohamed (Petitioner) vs. Ethics and Anti-Corruption Commission, Ali Ibrahim Roba (Governor County Government of Mandera), and County Government of Mandera.
Outcome: The court ruled in favor of the petitioner, emphasizing the importance of proper administration and management of waqf properties. The case highlighted the role of the Waqf Commission in ensuring compliance with the law.
Relevance: This case underscores the legal responsibilities of the Waqf Commission in managing waqf properties and resolving disputes.
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4.2. Petition 104 of 2020
Parties: Lawrence Madialo and Christine Githiri (Petitioners)
Outcome: The court supported the petitioners' claims regarding the mismanagement of waqf properties, directing the Waqf Commission to take corrective measures.
Relevance: This case illustrates the judicial oversight of the Waqf Commission's activities and the importance of adhering to legal and ethical standards in managing waqf properties.
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5. Conclusion
The Waqf Commission of Kenya plays a crucial role in the administration and management of waqf properties, ensuring they are used for their intended charitable and religious purposes. Established under the Waqf Commissioners Act and governed by the Waqf Act No. 8 of 2022, the Commission is responsible for registering, managing, and supervising waqf properties. Through its functions, the Commission contributes to the socio-economic development of the Muslim community in Kenya.
6. Sources
Answered by mwakili.com