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The Supreme Court has overturned the appellate ruling allowing Muslim students to wear hijabs in non-Muslim schools.
The apex court judges said the decision goes against school uniform policy granting schools leeway to decide what rules will govern it.
This now means Muslim girls might have to go to school without hijab.
Hijab is a veil that covers the head and chest and is worn by Muslim women.
The landmark ruling is likely to open a floodgate of suits from other institutions and parents.
The decision which was overturned was in relation to a school in Isiolo called St Paul’s Kiwanjani secondary which is sponsored by the Methodist church.
In September 2016, the appeal court overturned an earlier ruling by the High Cout that had banned hijabs in public schools.
The three judge bench said students should be allowed to wear religious items of clothing in addition to their specified school uniforms.
In the decision, the bench ruled that students deserved to obey their religious requirements in accordance with their constitutional rights, which must be respected and protected.
Appellate Judges Philip Waki, Roselyne Nambuye and Patrick Kiage advised the Education CS to facilitate urgent consultations and formulate appropriate regulations “for the better protection of the fundamental right to freedom of religion and belief under Article 32 of the Constitution and equality and freedom from discrimination under Article 27 of the Constitution for all pupils and students in Kenya’s educational system.”
Read; Hijab is a symbol of peace – Kisumu MCA
Read: Muslim cleric criticizes high court ruling on Hijab
Methodist Church went to court complaining that the move by the county education office permitting Muslims girls to wear hijab and white trousers had created disparity among students.
On January 14, the parents of a Rastafarian sued after Olympic High School sent their daughter away for wearing dreadlocks.
The girl said the hairstyle was not a fashion statement, but rather part of her religious practices.
Education CS Amina Mohamed supported the girl being readmitted.
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