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Kenya’s Supreme Court Reverses Appeals Court Decision Allowing Muslim Students to Wear Hijabs in School

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Kenya’s Supreme Court Reverses Appeals Court Decision Allowing Muslim Students to Wear Hijabs in School

The Supreme Court has on Thursday overturned a decision by the Court of Appeal allowing Muslim students to wear hijabs in school.

In a majority decision, the country’s highest court has ruled that every school has the right to determine its own rules.

The Appellate Court had on September 2016 ruled that Muslim students were free to wear hijabs as part of their school uniform. A hijab is a scarf worn by Muslim women to cover their hair and neck.

In their ruling, Court of Appeal’s judges Phillip Waki, Roselyne Nambuye and Patrick Kiage, directed the Ministry of Education to ensure that rules on school uniform do not discriminate students based on their religion.

“The education CS should consider formulating and putting into place regulations, after due consultations, for the better protection of the fundamental right to freedom of religion and belief as well as equality and discrimination for all pupils and students in Kenya’s education system,” the judges ruled.

The Supreme Court says the ruling by the lower court was against the school uniform policy.

The dispute arose after the Teachers Service Commission and the Isiolo County education office directed that female students at St Paul’s Kiwanjani Day Mixed Secondary School in Isiolo, be allowed to wear hijabs in class.

The Methodist Church, which sponsors St. Paul’s Kiwanjani, however, appealed against the Court of Appeal decision.

6 COMMENTS

  1. Si waende shuleni katika…
    Si waende shuleni katika nchi ya Saudi Arabia (almamlakat alarabiat alsaudia) au nchi yoyote katika Mashariki ya Kati (alsharq al’awsat)?

  2. The supreme court was right…
    The supreme court was right to reverse.Had it not done so,you you would start seeing someone rasta smoking marijuana
    Invoking religious purposes.
    This is tantamount to asking catholic fathers to start marrying. If you don’t like the rules you have an alternative. Go where they wear hijab…There are very good reasons why school uniform policies are imposed.Would these muslims go in the army and request the same “,exemption”.

  3. Hahaha @ Imara Daima….yes,…
    Hahaha @ Imara Daima….yes, there’s options to go where they can wear them?

  4. But still! What does the…
    But still! What does the constitution say about freedom of worship? Doesn’t this discriminate against a right?

    • @Mteja,how about if my…
      @Mteja,how about if my religion requires iwear only red clothings,and 3 other class mates cannot stand it because their region is a against wearing”blood colored garments”.Farther,will it not be discriminating me if Iam not allowed to wear a leopard skin to class sighting my ancestral religion?See where the problem lies?We either have school uniform or not. Like I said earlier, will these muslims make the same claim in the military training school?
      I would also like to know what was worn before hijab was invented,because to me it looks like avery modern invention.
      I would also like to know if muslisms consider all women who dont wear hijab to be immodest .And why only women,there are alot of Muslim men who iwish would wear hijab…Could this be just away of controlling women through religion?

  5. @Mteja: Katiba gani? Katiba…
    @Mteja: Katiba gani? Katiba ya Kenya Sura (chapter) 6 inasema mtu ambaye tabia yake haifai hawezi kugombea kiti chochote nchini.

    Kama katiba ingalikuwa ikifanya kazi, zaidi ya asilimia tisini (90%) ya watu waliochaguliwa kwenye uchaguzi uliopita, hawangekuwa wamechaguliwa.

    Ni lazima WAFULA CHEBUKATI aondolewe kazini kama Kenya itakuwa na viongozi bora na pia wanaofaa kuwa kwenye uongozi.

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