Court overturns decision requiring Muslim students to wear hijabs

The Supreme Court has given a leeway to schools and institutions to determine their dress code.

The Apex Court Thursday overturned a court of appeal ruling allowing Muslim girls attending non-Muslim schools to wear hijabs and trousers.

The Court allowed St Paul’s Kiwanjani Day Secondary School in Isiolo to uphold its ban on Hijabs and trousers.

The Apex court set aside the orders of the court of appeal directing the school’s board of management to amend school rules to accommodate students with religious beliefs requiring them to wear particular items in addition to the school uniform.

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The School which is owned by the Kenya Methodist Church had moved to the apex court arguing that the court of appeal had failed to give it a fair hearing.

The ruling by the Supreme Court has however been met with condemnation by a section of Muslim lawmakers who have accused the apex court of infringing on the rights of Muslim girls.

The lawmakers argued that the ruling may set a bad precedence, opening a floodgate of discriminatory actions by institutions across the country.

Early in January, a parent moved to court to challenge the decision by Olympic High School in Kibra to send away his daughter who had dreadlocks.

However, education CS Amina Mohamed said the Rastafarian girl should be allowed to return to school without having to cut her dreadlocks.

Amina said the girl is entitled to education and should be allowed back to school.

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