Uniform is for all students regardless of religion, Nairobi justice rules

December 26, 2016 - School Uniform

Pupils personification during a Physical Exercise (PE) doctrine during a Nairobi school. PHOTO: FILE

NAIROBI: The propagandize uniform contingency be a same for all learners regardless of sacrament and status, a High Court has ruled.

The justice ruled that headteachers and government play prescribed uniforms they trust play a large purpose in “securing high and improving propagandize standards”.

High Court decider Anyara Emukule pronounced students can't have opposite clothes for propagandize uniform, observant this encourages eremite and standing divisions.

This outcome was review this week in a box where a primogenitor challenged her daughter’s cessation from Bura Girls High School, Taita Taveta County, over purported protest of Sunday mass and wearing Hijab.

The decider ruled that propagandize Boards of Management shall foreordain what students should wear.

“In many schools in Kenya, a propagandize principals or headteachers and their sold Boards of Management trust that propagandize uniforms play an constituent partial in securing high and improving propagandize standards, securing a needs of different communities, compelling a certain clarity of community temperament and avoiding perceptible disparities of resources and style,” a decider said.


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This means cases where some learners wear singular clothes – such as hijabs – for propagandize uniforms can now be challenged in courts of law by propagandize government boards.

“I determine wholly with a above approach, in particular, in a nation such as ours with different cultures and good disparities of wealth. A stereotyped proceed in schools with such paltry things as uniforms would say a common temperament among all students, irrespective of a start of a sold tyro or his or her eremite connection or faith,” Justice Emukule ruled.


The censure before a justice was that 38 girls were dangling from propagandize for refusing to attend Sunday mass on Jun 21 final year.

The petitioner, named ABH, explained that her daughter, together with others, hid in a classroom to equivocate being forced to attend a Christian use during a Ramadhan.

She combined that a cessation was not usually about a Sunday use mass, though was a buildup of a feud over wearing Hijab during request times and fast.


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The propagandize asked a justice to boot a case, arguing that a tyro chose a propagandize out of giveaway will and ought to belong to a rules.

In addition, a justice was told that a a Sunday mass is not about converting any person, though to make them good citizens.

What is however clear is that a emanate of sacrament and sauce has separate courts, as another statute by a Court of Appeal says that clothes that intimate eremite beliefs ought to be authorised as partial of propagandize uniforms. 

The statute by Justice Emukule over from a statute in a box between Kenya Methodist Church and one Mohamed Fuchiga.

Fuchiga sued a church and St Paul’s Kiwanjani Secondary School in Isiolo County over his daughter’s cessation from a institution.

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The Court of Appeal in Nyeri ruled that Muslim students ought to be authorised to wear hijab and trousers in further to a propagandize uniform.

The Methodist Church has given appealed a statute before a Supreme Court, arguing that carrying favoured diagnosis in schools would volume to cultured opposite others and would inspire rebuttal opposite schools rules.

The Teachers Service Commission (TSC), that is enjoined in a Fuchiga box as a respondent, argues that a usually approach to solve a uniform and sacrament emanate is by an Education Ministry policy.

The box will be listened on Jan 11, 2017.

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