Schools Should Determine Their Own Rules-Judge Rules on Hijabs

Supreme Court has overturned a ruling by the Court of Appeal that allowed Muslim girls to wear a hijab in schools saying the decision should always be guided by specific school rules.

The appeal which had been made the Methodist Church is seen as a landmark ruling that will lay to rest a matter that has been on the back and forth for a decade.

In their ruling, the judges said every school should have the right to determine its own rules.

Hijab, a scarf that is worn to cover the facial features including the hair is synonymous with females in the Islam communities which is in line with their religious affiliations.

On September 7, 2016, the Court of Appeal had allowed Muslim students to wear hijabs as part of their school uniform to which the Supreme Court has overturned through its Judges; Phillip Waki, Roselyne Nambuye and Patrick Kiage.

The judges further directed that Amina, the Education CS ensures 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 ball is now at Amina’s court with all eyes waiting to see whether school regulations could be stretched to accommodate hijabs amongst Muslim students.

This comes barely a fortnight ago after a form one student at Olympic secondary school was denied admission because of her dreadlocked hair. The student’s parents argued that her dreadlocked hair was in accordance with their Rastafarian belief causing an uproar on social media.