Justice Chacha Mwita has postponed giving orders seeking unconditional return to school for 15 year old girl who was allegedly kicked out of Olympic secondary school in Kibra for wearing dreadlocks.
The court said that the attorney general who had been enjoined in the matter had not filed his response and therefore the High Court could not issue further instructions.
The High court instead gave the Attorney General five days to file a response before further instructions could be given.
The girl’s parents had filed the matter under a certificate of urgency stating that action of the school to kick their daughter out of school amounts to discrimination on the basis of her Rastafarian beliefs. They had asked the court to order the school to accept their daughter back at the school unconditionally.
In 2014 a similar case was filed where parents had sued Rusinga School for sending away their son because he had dreadlocks. Justice Mumbi Ngugi ruled that schools had the right to set rules for the conduct of their students. She said that the parents of the boy had failed to convince the court that their religious rights had been infringe.
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