Three appellate judges say directive banning headscarfs in school violates law
Muslim female students and the Wakorinos have won a major legal battle on the ban of headscarfs in school. The Court of Appeal lifted a long-term ban, terming it unconstitutional. In a landmark judgment, a three-judge bench sitting in Nyeri said Muslim students are at liberty to wear the hijab and white trousers in class. The judges said their desire to wear them is not “borne of a skin-deep and artificial or passing fashion fad, but rather a serious and conscientious attempt to obey a religious requirement”.
“A person’s religious convictions need not make sense to us for us to accord them the necessary respect and space for them to flourish,” Justices Philip Waki, Roselyn Nambuye and Patrick Kiage said. The appellate judges directed that Education CS Fred Matiang’i be served with the judgment for perusal and consideration.