The Supreme Court on Thursday overturned a decision allowing girls professing Islamic faith to wear hijabs in a church-sponsored school.
In a majority decision, the judges agreed with the Methodist Church that it was not given an opportunity to fully address the matter when the Appellate Court allowed Muslim students to wear hijabs contrary to rules of St Paul’s Kiwanjani Day Mixed Secondary School.
The judges said the matter was an important national issue which should be formally filed at the High Court to allow courts below them to make a determination.
“…it is imperative that the matter ought to reach us in the proper manner so that when a party seeks redress from this court, it ought to have had the matter properly instituted...” Justice Njoki Ndung’u said while reading the majority decision. Justice Jackton Ojwang dissented saying he would have dismissed the appeal arguing that a right balance amidst people holding different faiths, in the multi-cultural environment prevailing at the school, will by no means be jeopardised on account of the variation to the school dress-code.
In the case Mohamed Fugisha, a parent of three students at the school, had complained after his children were barred from wearing hijabs and white trousers.
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