The Commission was to make recommendations for a new law...

The Commission was to make recommendations for a new law providing a comprehensive and, so far as might be practicable uniform law of marriage, and divorce applicable to all persons in Kenya, which would replace the existing law on the subject comprising customary law, Islamic law, (emphasis ours) Hindu law, and the relevant acts of Parliament and to prepare a draft of the new law; paying particular attention to the status of women in relation to marriage and divorce in a free democratic society.

I had gone to Mombasa in July 1967 in some other connection; and the office-bearers of the Supreme Council took me to meet an advocate who was an expert in the Muslim Personal Law. On being informed of the Tanzania developments, he asked me to send a copy of the Islamic Laws which I had written for Tanzania. I promised. Prior to this, I had written answers to the Commission's questionnaires which were sent to the Commission beforehand.

Returning to Dar as Salaam, I got the said Islamic Laws (about a hundred foolscap size, closely typed pages) cyclostyled, and dispatched it to the Supreme Council. In the 3rd week of August, 1967, I was hurriedly called to Mombasa where the Commission was to sit for hearing from 21st August. I wrote a memorandum for submission before the Commission, which was finalized after discussions with the office bearers.

That Memorandum was submitted to the Commission and then published in the Light of July-August, 1967. (Late) Haji Mohamedali Meghji, the President of the K.S.I. Supreme Council, wrote a covering note an extract of which is reprinted before the first memorandum. Mr.

Justice Spry was heard saying to his colleagues afterwards that “these people knew what they were talking about.” Another Memorandum on the law of Succession, written by me, was sent to the Commission and published in the Light of January-April, 1968. It is the second Memorandum in this collection. Back to Tanzania When the above developments were taking place in Kenya, the Tanzania Govt. had abruptly stopped the codification exercise.

The Kenya Commission submitted its reports and recommendations sometimes in 1969. On 10.9.69 the Tanzania Govt. published a White Paper. (No 1 of 1969) to the effect that it wanted to enact a Uniform Law of Marriage, and gave the details of the provisions it wanted to be included in the proposed Act. With the publication of the White Paper, the govt. invited comments and suggestions from communities and individuals.