The Teachers Service Commission (TSC) has stated that Muslim students in public schools are allowed to wear their hijabs.
TSC issued the statement as a response in an ongoing case at the Supreme Court where The Methodist Church is seeking to have the court declare that the church reserves the right to require Muslims to abide by the school's rules on dress code.
The teachers' employer, through lawyer Stella Rutto, added that schools sponsored by religious bodies should be accommodative to students who may not profess the Christian faith.
The commission, the lawyer conveyed, was of the opinion that a child's right to education ought not to be hindered by religion.
[caption caption="File image of St Paul's Kiwanjani Secondary School entrance"]
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The church moved to the High Court in 2014 seeking to stop Muslim students at the church-sponsored St Paul's Kiwanjani Day Mixed Secondary School, Isiolo, from wearing hijabs while in session.
"Muslim students at the school should be allowed to wear religious attire in form of hijab and white trousers in addition to the school uniform," lawyer Rutto argued.
The High Court ruled in favour of the Church, noting that allowing the hijabs would encourage religion and status divisions in the school.
The Court of Appeal, however, later ruled contrary to the High Court in a separate case involving 39 girls from Bura Girls’ High School. The Appellate court argued that the school rules, set to ensure uniformity, could not be used to stifle one’s belief or right of worship.
The church submitted that the Court of Appeal ignored evidence that students and their parents had consented to the regulations in a document signed upon admission where they agreed to abide by the prescribed school uniform.
TSC further stated: "The second respondent invokes the principle of accommodation to allow Muslims to wear hijabs. We humbly ask that the decision of the Court of Appeal be dismissed."
[caption caption="Presiding Bishop Joseph Ntombura of the Methodist Church"]
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