PETITION AGAINST KADHI COURTS BILL

IN THE HIGH COURT OF TANZANIA

(MAIN REGISTRY)

AT DAR ES SALAAM

CONSTITUTIONAL PETION NO.   14   OF 2015

REVEREND CHRISTOPHER MTIKILA………………………PETITIONER

VERSUS

THE ATTORNEY GENERAL………………………………….RESPONDENT

In the matter of a treasonous Bill intended to be presented in the Parliament for unconstitutional change of the Secular and democratic government of the United Republic of Tanzania.

PETITION

[Under Article 30 (3), Article 26, Article 19, Article 13, Article 12 and Article 107A Section 2 (e) of the Constitution of the United Republic of Tanzania, Section 95 of the Civil Procedure Code (Cap 33 R.E. 2002) and any other enabling provisions of the law]  

The Petitioner hereinabove states as follows:

That the Petitioner is a natural citizen and compatriot of Tanganyika, human rights campaigner of international renown, head of an apocalyptic spiritual ministry, who is championing the cause of social, economic and political liberation of our nation family under Democratic Party, whose address for service for this petition is:

PLOT NO. 237/239 BLOCK ‘C’ MIKOCHENI B

P.O. BOX 3885

DAR ES SALAAM

That the respondent is the chief legal advisor of the Government of the United Republic of Tanzania and chief custodian of justice, who represents the Government in all litigations and other legal causes against the Government. His address for purposes of service for this petition is:

HONOURABLE ATTORNEY GENERAL

ATTORNEY GENERAL’S CHAMBERS

KIVUKONI FRONT ADJACENT TO THE HIGH COURT

P.O. BOX 9050

DAR ES SALAAM

That the nation family of Tanganyika has enjoyed peace and tranquility from her prophetic history and her moral and nationalistic foundation, which is perpetuated by embracing the sanctity of human life and dignity, love and human equality, which are the cornerstone of this grace and which was then enshrined in the country’s Constitution, which for this crucial priority was profoundly respect by all citizens.

That what effectively fenced away from our country the shocking Islamic terrorism which tears societies apart and plunges nations into horrifying chaos was her Constitutional commitment, dedication to and sacrifice for her peace and stability. Accordingly Article 26 (2) of the Constitution requires every citizen to take legal action to ensure the protection of the Constitution and the laws of our country as the Petitioner is hereby doing.      

That horrifying abuse of the sanctity of human life and dignity by Islamic extremists or Jihadists is sweeping across the globe, perpetrated by the notorious interpreters and executors of the dreaded Islamic (Sharia) law’, who according to “Minhaj Il Muslim” are known as Kadhis.

That the Islamic doctrine is that Islam ought to be the only religion for the whole world, jihad being the means commanded for achievement of the objective of subduing the whole world to Islam, Islam being also the only system of governance of the whole world under the Sharia or Islamic law,  that is why it is enforceable only in Islamic countries, hence the overwhelming powers of the Kadhis for the horrifying Islamisation

That Part Three of the ‘Minhaj il Muslim’ which also defines the Islamic scriptures has elucidated on page 308 which is annexed hereto and marked ‘IT-1’ under items (1), (2) and (3) thereof, that the Kadhi is the highest Islamic authority charged with the interpretation and enforcement of the ‘Sharia’ or Islamic law, the Kadhi being second in command after the Head of State and the one who orders, supervises and oversees the floggings, amputations and executions of all citizens who breach the Islamic law.

That the Sharia laws which are publicly enforced by the Kadhis such as  the dreaded beheadings, amputations, shootings, bombings etc include

*Chapter 9:30 and Chapter 47:4 of the Quran which have commanded the extermination of Christians and Jews and other non-Muslims.

*Chapter 6:151 which has commanded the execution of Muslims who opt out of Islam and join Christianity, or who renounce their religion of Islam, while Chapter 5:38 has commanded the amputation of thieves, all of which barbarity is the horrifying duty of the Kadhi.

*The Kadhi is totally impermissible in this country, being the enforcer of the jihadists’ obliteration of Christianity, by their strict ban on the building of churches, renovation of the old ones, or rehabilitation of the dilapidating ones (Minhaj Il Muslim Part Three on page 22 and 23 thereof.

*The Sharia in the preceding paragraph and Chapters 9:30, 47:4 and others in the Quran and other Islamic authorities which have commanded the extermination of Christians and Jews, explain the destruction and torching of sixty nine churches so far in this country, the murder and beheading of Christian clerics in this country and the horrifying extermination of Christians and churches by ISIL, Al-Qaeda, Al-Shabab, Boko Haram and such other Islamic organizations elsewhere.

*The Kadhi is the enforcer of the Islamic laws which enslaves Christians to Islam, which force them to pay tax (Jizya) to Islam for their survival and subject them to execution and floggings if they breach the Islamic laws, including eating their favorite pork and eating food in daytime during the month of Ramadhan  

*The Kadhi is the enforcer of the Sharia that the Christians’ breach of the Islamic laws must cost them their blood and their properties, as stipulated on page 23 of Part Three of Minhaj Il Muslim and Chapter 8 of “Kitabu cha Imani” verses 13, 14 and 15, copies of  which are annexed hereto and marked IT-2 and IT-3 respectively.

That the intended presentation in the Parliament of the Bill for legalization of the Kadhis and the OIC is Jihad for extermination of Christianity which is the Faith of 29 million citizens of this country, as we have 5.5 million Lutherans, 11 million Catholics, 3 million Anglicans, 1.8 million Moravians 5.8 million Pentecostals and 1.8 million Adventists together with members of other independent churches, against 7 million animists and 12.4 million Muslims

That the Kadhi is leading the Jihadist war for extermination of all human beings who will not surrender to Islam and confess that there is no other god to be worshipped than Allah and Muhammad is his prophet. Also for execution are the Christians for professing that Jesus Christ is the begotten Son of God, whose lives and properties are therefore at the mercy of Islam unless they renounce their faith and surrender to Islam, as per verses 276, 277 and 278  of ‘Mkweli Mwaminifu’ Hence the worldwide Islamic terror by Jihadists like Al-Qaeda, ISIL, Boko Haram, Al-Shabab and many others. Copy of that Islamic law is annexed hereto and marked IT-4.

That the jihadists’ deadly international operations are accomplished by terror as well as massive corruption, by the billions of US dollars in their command, from the petroleum revenue in the areas under their control, contributions from jihadist countries and individuals, from the jihadists’ massive production of and international trade in drugs like cocaine, heroin, cannabis, let alone their revenue from piracy and under cover trading in precious minerals and other natural resources in various countries with loose controls including our own. The jihadists easily exploit the venality and Islamic extremism of the leaders of the targeted countries like ours.    

That the barbarity of the Kadhis is seen for example in the beheading of a Sudanese female doctor after 100 floggings, for the ‘offence’ of marrying a Christian, the public beheading of Mohammad Guul Hashim Idris for converting to Christianity, the flogging and then beheading of a person for the ‘offence’ of becoming a Christian, copies of which are annexed hereto and marked IT-5, IT-6 and IT-7.  

That it was upon the foregoing dehumanizing realities that the Kadhi courts were abolished in this country, based on the aspiration for establishment of a civilized society which must embrace the sanctity of human life and dignity, built on the foundation of the Universal Declaration of Human Rights, clear of religious extremism and discrimination, hence the current Constitution of the United Republic of Tanzania.

That moves by the Jihadists are afoot for a coup de tat of replacing the Constitutionally secular and democratic administration of this country with the dreaded Islamic Sharia dictatorship, by illegally presenting a Bill in the Union Parliament for enactment of a law which will smuggle the Islamic Sharia law and its dreaded Kadhi courts into the Constitution of the Untied Republic of Tanzania.

That under the intended conversion of the country to Islam by the agents of the jihadists, the United Republic of Tanzania shall be confirmed into the religion of Islam by being joined into the organization of Islamic countries (OIC), which was formed by heads of Jihadist states in order to effect the universality of the religion of Islam.

That the persons behind the Kadhi courts and OIC Bill are serving the interests of the heavily funded Islamic terrorists, because the civilized Muslims like the late King Abdulla of Saudi Arabia which is the origin and world headquarters of  Islam  are engaged in amending the verses by prophet Muhammad which promote the deadly jihad, in www.cmdialogue.com, www.acommonword.com, copy of publication of the fact is annexed hereto and marked IT-8

TREASONABILITY OF THE BILL

That preparing the Islamic Bill and presenting it to the Parliament and the Parliament’s act of entertaining it in any other manner than rejecting it and seeing to prosecution of all the jihadists or their agents who are behind the coup de tat is treasonous breach of their oath of office and gross violation of Article 19 of the Constitution, which emphasizes that “The profession of religion, worship and propagation of religion shall be free and a private affair of an individual, and the affairs and management of religious bodies shall not be part of the activities of state authority”

That the State Authority which is banned by the Constitution from involving itself or engaging in, or temper with, or touch on such things as the Kadhi courts and membership in Islamic or such other religious organizations includes the Attorney General, the members of the Parliament of the United Republic of Tanzania, the  Prime Minister and the whole Government leadership or Executive of the United Republic of Tanzania, all of who after all are under oath to strictly abide by and protect the country’s Constitution and, not to trample or overthrow it by the treasonous Bill.

A Bill on Kadhi courts and OIC is totally impermissible in the United Republic of Tanzania being discriminatory, as it is to cater for only fundamentalist Islamic interests and subjugation and enslavement the citizens of other faiths to the Muslims, which is gross violation of Articles 19, 12 and 13 (2) (4) and (5) of the Constitution of the United Republic of Tanzania.

That the Kadhi courts are totally impermissible in the United Republic of Tanzania, because the Universal Declaration of Human Rights and other provisions which protect the sanctity of human life and dignity and the basic rights, freedom and safety of all people including the majority non Muslim population of the country are enshrined in the Constitution of the country.

That the jihadists’ treasonous Bill is a culmination of the unpatriotic religious extremist contraventions of the Rule of Law by the country’s leaders, in defiance of their oaths of office to strictly observe, abide by and protect the Construction, by favoring Muslims in employment, promotions and appointments to high offices of public service, the law enforcement organs, the judiciary, the military and other state security institutions, yet responsible citizens never took legal action to protect the Constitution!

That the jihadist constitutional violations transcended to allowing Islamic dressing in public schools and offices, silently suppressing the Christians’ public preaching of their faith while favoring the Islamic counterparts who they allowed even powerful public addressing from their mosques, which seriously offends the non Muslim majority of citizens, while denying the Christians equal opportunity to defend their faith from the jihadist public attacks by the anti-Christian Islamic preachers.

That the jihadist Bill is traceable to the President’s first speech to the Parliament in October 2005, that he would not obey the Constitution like a Holy Book from Heaven, but would in other instances rely on his own wisdom, against his oath to strictly observe, abide by and protect the Constitution of the country, to which attitude the disrespect for the country’s Constitution, extremity of corruption and pseudo collapse of the Rule of Law is attributed, the Parliamentarians’ complicity of  applauding him instead of impeaching him in national interest being even more treasonous.

That the disrespect for the country’s Constitution propelled the jihadists to the trampling of the Constitution of the countryArticle 19 thereof, by the President who ordered the Christians to disobey the Holy Bible which has commanded them not to eat the meat slaughtered by Muslims, forcing them to worship the god of Islam by eating what is slaughtered in his worship, such that the martyr Pastor Mathayo Kasigala who resisted the Islamic terror in defence of his Christian faith was barbarically beheaded!

That in untold jihadist inhumanity against the country’s 29 million humble Christian majority, Bishop Augustino Mpemba had his Radio Neema closed and his life smuggled out of the country, for Biblically speaking out against the persecution of Christians and the barbaric beheading of their Pastor, for which the Bishop was announced wanted dead or alive by a jihadist Policeman, who therefore qualified to head the Police Force.

That the jihadists who breached the Animal Diseases Act No. 17 (7) of 2003 and the Food, Drugs and Cosmetics Act No. 1 (3) of 2003 which protect the fundamental right of the citizens to slaughter and eat their animals and birds according to their own faith and traditions, based on Article 19 of the Constitution, are the same Mizengo Peter Pinda, Stephen Wasira, George Masaju, Ernest Mangu and others who are brandishing the Sharia sword towards the necks of the 29 million Christians for their Kadhi and OIC deal.

PROTECTION OF THE CONSTITUTION OF OUR COUNTRY

That the absence of a specific section in the Penal Code for criminalization and severe punishment of offenders who breach the basic law of the land, coupled with the myth which has psychologically affected many citizens including some of the presidents subsequent to Mwalimu Julius Nyerere, that ‘the President is above the law’ when presidency is a creature of the Constitution, is what subjugated the Constitution to the will and desires of the presidents, dangerously watering down its supremacy.

That the Constitution suffered more disrespect from most of the political leaders and topmost members of the Executive, from minding only about the mood of the appointing authority and corruption, in positions which strictly require professional and moral integrity emanating from nationalistic spirit, in addition to the skills, vision, commitment and dedication. However, the Petitioner sees powerful therapy in the High Court of Tanzania for restoration of the respect and supremacy of the Constitution  of our country

That the provision in Article 26 (2) of the Constitution of the United Republic of Tanzania that everybody has the right in accordance with the procedure provided by law, to take legal action to ensure the protection of this Constitution and the laws of the land, is appropriate authority for the petitioner and other citizens to move the courts of law to criminalize and give deterrent punishment to all those in state authority who trample the Constitution of the country, including:

Mizengo Peter Pinda, Mary Nagu, Asha Rose Migiro, George Masaju and others, who as jihadists themselves or agents or mercenaries of the masterminds of the Islamic terrorism are in the business of overthrowing the secular democratic governance of the United Republic of Tanzania, to subject the citizens of our country to the horrifying barbarity which is perpetrated by the Kadhis.  

  

Stephen Wasira, Mizengo Peter Pinda, Ernest Ndikilo, Karen Yunus, Issa Njiku, Dan Makanga and others, who trampled the Constitution of the United Republic of Tanzania for religious persecution and enslavement of the 29 million Christians to Islamic terrorism, by forcing them not to slaughter their own animals and birds but eat the meat slaughtered by Muslims in their worship which is taboo to the Christians. From the jihadists’ anti-Christian incitement Pastor Mathayo Kasigala of Buselesele in Geita Region was barbarically beheaded for defending the Christian faith.

That under Articles 12 and 13 of the Constitution of this country all people are equal before the law, all of them being subject to punishment if they do not observe and abide by the Constitution of the United Republic of Tanzania and the laws of the land, with more deterrent sentences being necessary for whosoever tramples the basic law of the land, conducting oneself in so serious conflict with his or her oath of office.

That the equality of all people before the law is seen in the two year imprisonment of the former Bank of Tanzania Director of Administration Dr. Amatus Liyumba, as well as the prosecution of renowned former cabinet ministers Basil Mramba and Daniel Yona, along with former Permanent Secretary for the Treasury Gray Mgonja, for abuse of office contrary to their oaths of office. But George Masaju, Mizengo Peter Pinda, Asha Rose Migiro and Mary Nagu are very abusively trampling the Constitution of the United Republic.   

WHEREFORE the Petitioner prays to this Honourable Court for the following orders:

That those in state authority who are mentioned in paragraph 28 (i) and (ii) hereinabove be ordered to show cause why they should not be committed to prison for trampling the Constitution of the country which is the basic law of the land, for deterrent custodial sentences of not below five years each.

The declaratory Order that the Kadhi courts and or the Organization of Islamic Conference (OIC) affairs are absolutely illegal in the United Republic of Tanzania, particularly in the boundaries of Tanganyika.

That the protection of the sanctity of human life and dignity in this country cannot discriminate Muslims, being equal sons and daughters of the soil and members of one nation family of Tanganyika.

That the costs of this petition be born by the respondent

Any other order or relief that the Honourable Court may deem fit and fair to grant

Dated at Dar es Salaam this……16……..day of …………marchi……………2015

                                                                                ………………………………

                                                                                            PETITIONER

Presented for filing this……..16………day of……marchi………………….2015

                                                                                ………………………………..

                                                                                      REGISTRY OFFICER

COPY TO BE SERVED UPON:

The Attorney General

Attorney General’s Chambers

Kivukoni Front

P.O. Box 9150

DAR ES SALAAM

DRAWN AND FILED BY

Reverend Christopher Mtikila

Plot No. 237/239 Block ‘C’ Mikocheni B

P.O. Box 3885

DAR ES SALAAM