Court outlaws wearing of hijab in Isiolo school
A church sponsored school in Isiolo has lost its bid for its Muslim female students to wear Hijab and white trousers while attending classes.
High Court judge Harun Makau ruled that the Teachers Service Commission’s decision and the Isiolo County education office allowing female students of St Paul Kiwanjani Secondary School to wear hijab while attending classes is illegal and discriminatory.
Mr Justice Makau faulted the decision as being contrary to school regulations and issued an order stopping TSC, Isiolo County Education director as well as the Sub County’s education officer from allowing students to wear hijab and interfering with the running of that school.
The trustees of the Methodist Church, which sponsors the Mixed Day Secondary School, had sued TSC, Isiolo County Education director and the sub-County’s education officer.
According to the church, the county’s education office that allowed female students to wear hijab and white trousers had created disparity among students.
He further ordered TSC, Isiolo County Education director as well as the sub-County’s education officer not to effect the Hijab wearing rule.
“An order that the sued parties decision to allow Muslim students to wear hijab or trousers is discriminatory, unlawful and contrary to the school’s regulations is hereby issued,” ruled the judge.
Through lawyers Kibe Mungai and Henry Kurauka, the church had argued that the decision by the education officers was unreasonable.
The lawyers claimed that the move had caused unnecessary dispute besides disrupting normal school program.
And the judge agreed that the female Muslim students must abide with the school regulations to avoid misunderstanding between them and their Christian counterparts.
The judge also issued orders compelling the school to follow initial rules and regulations executed by the students and parents while reporting in that school.
The judge further stopped the disbandment of the school’s board of management as well as the Parent’s Teachers Association (PTA) until their term in office expires.
“TSC, Isiolo County Director of Education and the District Education officer should not interfere with the management of school,” said Justice Makau.