Court directs school to readmit expelled Rastafarian student
By Bernice Mbugua, September 13, 2019
The High Court has ruled that the decision by Olympic High school to keep a Rastafarian student out of school violated the student’s rights to education and freedom of religion.
Justice Chacha Mwita ruled that the school rule that the minor to cut her hair was intrusive to her religion and not justifiable in a democratic country.
“A declaration is hereby issued that the decision of Olympic school keeping the minor out of school due to her dreadlocks is unconstitutional null and void,” ruled the Judge.
According to the Judge, the right to education and freedom of religion supersedes a school’s regulations and it was an offence for any parent to deny their child education so the parents were within their rights to take the girl to school.
“The fact that she keeps rastas should not have been the basis to chase her from school,” the judge said reiterating that school rules should not appear to be superior to the constitution.
The child’s father had moved to court claiming that his 15 year daughter who had scored 282 marks in her KCPE exams is being forced to cut her dreadlocks yet she is an ardent follower of Rastafarian religion.
John Wambua Mwendwa told the court that his wife and five children were members of the Rastafarian Society of Kenya and significant to their religious beliefs, they keep dreadlocks as a clear boundary between themselves and non rastas.
He had sued the school’s Board of Governors for sending home the Form One girl when she reported.
However, the school argued that their status as a public institution meant that she was admitted strictly in accordance to the rules and regulations that the parent signed.
They revealed that during her admission, the parents stated that she was a Muslim but when she was given uniform, the hijab fell off and they realized she had rastas.