Lawyer Henry Kurauka for St. Paul’s Kiwajani Day Mixed Secondary leaving milimani law courts after the court quashed the decision of County Director of Education Isiolo for allowing Muslim student to wear Hijab and white trousers while in school.
BY SAM ALFAN.
High court on Friday quashed the decision of County Director of Education Isiolo for allowing Muslim student to wear Hijab and white trousers while in school.
The court found and held that decision by the education is discriminatory, unlawful, unconstitutional and contrary to the schools rules and regulation.
Justice Huran Kamau, said that Muslim student at St. Paul’s Kiwajani Day Mixed Secondary school must abide with the school regulations so to avoid misunderstanding between and Christian counterparts.
The judge issued the order preventing both the director of education in Isiolo County and his district colleague from permitting the student from wearing the Hijab and white trousers.
Justice Makau further said that the educations officers from the county stand halted from interfering with the management of school which is sponsored by Methodist Church.
The court said that respondents should comply and ensure full compliance with current school rules and regulations that were executed by the students and their parents during the reporting to the school.
The judge further issued an injunction barring the education officer from dissolving the current board of management and parent’s teachers association of St Paul’s Kiwanjani Day Secondary School; they have to be in office until term expires.
The application seeking to quash and prevent interference of the school by the education officers was argued by Kibe Mungai and Henry Kurauka, who said that new dress introduced to Muslim students, has caused disparity amongst the counterparts.
The petitioner’s lawyer told the court that the Christian students at the school have felt that their Muslim counterparts have been accorded a special and preferential treatment which is contrary.
The court heard that the action by education officers is unreasonable and is tantamount to disrupting school program.
“The decision of the respondents has compliant off are unconstitutional, unjustified, unlawful which the court is being asked to quash.
The education office has failed to play a key role in standardization of the school uniforms thus creating economic disparities on religious backgrounds” the lawyers submitted.