Court declines to reinstate Bura Muslim students forced to attend Church
Thirteen students suspended from Bura girls high school for failure to attend a church service will remain home for two weeks.
This is after a High Court judge declined to grant interim orders reinstating the girls to school until he familiarizes himself with the case.
Justice Emanyara Emkule said that the matter involved minors and sought more time to familiarize himself with details of the case.
SENSITIVE
“This is a very sensitive matter. Let the respondent file their replying affidavit within seven days and the applicants file their affidavit within five days which will give me ample time to understand the matter,” said Justice Emukule.
The students’ lawyer Ali Mahamood had pleaded with the court to issue the orders, arguing that the students are missing classes despite their right to be in school.
“Your honor, theses minors are missing a lot. We pray that this court grants orders that the girls be reinstated to school and not to be subjected to any condition pending the hearing and determination of the case,” said Mr Mahamood.
The students had also filed an application seeking orders to restrain the Bura girl’s school board from conveying a board of management disciplinary committee upon the return of the girls to school until the matter is determined.
CONTINUE WITH STUDIES
They also sought an order to have the school’s board of management and County Director of Education Taita Taveta County to allow the girls back to school and to continue with their studies unconditionally pending the determination of the matter in court.
The applicants further sought an order that the first respondent be restrained from compelling Muslim girls at the school to attend any religious function or service contrary to the Islamic faith.
“The constitution clearly states that everyone has freedom of worship, hence the schools
sponsors cannot force anyone to factor in the demand of the sponsors faith” he emphasized.
The petitioners said that Bura girls high school is a government school that is under the Catholic sponsorship and the constitution states that a sponsor cannot force an individual to proclaim another faith.
The case will be heard of July 20.