Three ap­pel­late judges say di­rec­tive ban­ning head­scarfs in school vi­o­lates law

The Star (Kenya) - - Politics Ministries -

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.

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