The Supreme Court, on Thursday, overturned a Court of Appeal ruling allowing students to don Hijabs while attending school. Majority of the judges on the bench ruled that every school had a right to come up with policies and that the policies should govern how it is run. The judges further faulted the Appellate’s Court ruling claiming that it had overlooked the School Uniform Policy.
The Supreme Court of Kenya
The Court made the ruling in a lawsuit that was filed by the Methodist Church of Kenya. The Church moved to the Supreme Court to appeal the ruling from the Court of Appeal after being sued by a parent for suspending three students for wearing Hijabs while in school.
The parent first took the matter to the High Court but it sided with the respondent, the Methodist Church. The parent then moved to the Court of Appeal whose ruling did not sit well the Church who then took the matter further to the highest court on the land. The three students were suspended from St. Paul’s Kiwanjani Secondary School in Isiolo which is sponsored by the Methodist Church.
In January 2019, a Rastafarian girl, Makeda Ndida, was locked in a legal tussle with Olympic High School over dreadlocks. Her father, John Mwenda, through his lawyer, Shadrack Wambui, accused the school of denying the girl her right to education hence fostering discrimination. Education Cabinet Secretary Amina Mohamed, however, directed the school to re-admit Makeda with her locks referencing to the Court of Appeal ruling allowing Hijabs that has been quashed.