The Supreme Court overturns the Muslim student’s hijab decision

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The Supreme Court of  Kenya has overruled the decision by a lower court requiring schools to allow Muslim students to wear hijabs.

In their ruling, the judges said every school should have the right to determine its own rules.A hijab is a scarf that some Muslim women wear, which covers their hair and neck, as per their religion.

On September 7, 2016, the Court of Appeal allowed Muslim students to wear hijabs as part of their school uniform.

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The Appellate Judges at the time; Phillip Waki, Roselyne Nambuye and Patrick Kiage, directed that the Education CS 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.

In May 2015, the High Court had issued a ruling terming wearing of hijabs in schools as discriminatory.

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In his ruling, Justice Harun Makau said that the decision by Teachers Service Commission and the Isiolo County education office allowing female students of St Paul’s Kiwanjani Day Mixed Secondary School to wear hijabs in class was illegal and discriminatory.

He further ordered that the TSC, County Education director and the Sub County’s education officer not to effect the hijab rule. Good or bad decision? Let us know in the comments.

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