Uproar over Supreme Court hijab ruling


Uproar over Supreme Court hijab ruling

In Summary

  • The court also directed the Cabinet Secretary for Education to formulate and put in place rules and regulations on the uniform issue after consultations to ensure protection of the fundamental right to freedom of religion and belief.
  • The Supreme Court on Thursday however said that the decision was against the school uniform policy and that every school has a right to determine uniform policy, a ruling that has not gone down well with a section of leaders.

A section of women political leaders from the Muslim community have condemned the Supreme Court decision that effectively allowed schools to disallow the use of hijabs by female students.

This was after the apex court overturned a Court of Appeal ruling that had allowed Muslim students to wear hijabs in whichever school they attend.

The case pitting Methodist church who are the sponsors of St. Paul’s Kiwanjani secondary school in Isiolo against Teachers Service Commission, Isiolo County Education Office and a parent at the school Mohamed Fugicha has been ongoing for 4 years.

This follows a request made by former Isiolo Deputy Governor Mohamed Guleid in June 2014 asking the administration of St. Paul’s Kiwanjani secondary school to allow Muslim girls in the school to wear religious headgear known as the hijab and white trousers.

In their ruling, the Appellate Court directed schools to allow students wear hijabs to accommodate those students whose religious beliefs require them to wear particular items of clothing in addition to the school uniform.

The court also directed the Cabinet Secretary for Education to formulate and put in place rules and regulations on the uniform issue after consultations to ensure protection of the fundamental right to freedom of religion and belief.

The Supreme Court on Thursday however said that the decision was against the school uniform policy and that every school has a right to determine uniform policy, a ruling that has not gone down well with a section of leaders.

“We are ready to seek for justice in any court including even the international courts,” said Rehema Dida-Woman Rep. Isiolo.

“We are saying no to what they have decided and we are going to fight back,” said Falhadho Iman-Nominated Senator.

“There is no way in the world, a right once given cannot be taken away,” said Sophia Abdi Noor – MP, Ijara.

The case was filed in 2014 by the school after a directive from the County Director of Education ordering them to allow Muslim girls to wear hijabs and white trousers after students protested when the school administration ruled it out.

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