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Just a few days after a Nairobi High Court declared that children with dreadlocks can continue with their education as it is their fundamental right, National Assembly majority leader Aden Duale has revisited a case that had been ruled earlier against Muslim students.

Duale now wants court to review ruling on Muslim students wearing Hijabs in school after the Rastafari case ruling.

High Court Judge Mwita Chacha last week ruled that the Constitution guarantees every person a right to religious faith and cutting the minor’s hair is contrary to her belief.

The judgment was issued in a case where a Rastafarian parent sued the Education Ministry and Olympic High School in Kibra seeking to compel them to admit his daughter to Form One without shaving her dreadlocks.

Early this year, court overturned a 2016 Court of Appeal ruling that allowed Muslim students to wear hijab in non-Muslim schools.

In the ruling made on the petition filed by the Methodist Church of Kenya, the Supreme Court said every school has a right to determine its own dress code.

Hijab is a headscarf worn by many Muslim women who feel it is part of their religion.

The 2016 ruling came after a church-run school banned female students from wearing the hijab, saying that it sowed discord.

But what does Justice Mwita’s Rastafari ruling mean on this ruling that was made against Muslim students? Should they also be allowed to wear hijabs in non-muslim schools now that the court says Constitution guarantees every person a right to religious faith?

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This comes after a student’s parents represented by Lawyer Shadrack Wambui moved to court after their student admitted at Olympique High school in January 2019 was expelled for refusing to shave her dreadlocks which she had during her primary school .

In his ruling the presiding Judge noted that every child’s right to basic education is protected by the constitution and every parent has a legal responsibility to take their children to school.

“No person should be compelled contrary to their religion, a declaration is issued that the decision of Olympic school keeping the minor out of school due to her dreadlocks was unconstitutional, null and void,” he said

“Keeping rastas is her way of professing her faith and it’s wrong to compel her to shave which is against her religion.”

The minor indicated in her admission form that her religion was Rastafarian.  The stance taken by the school is contrary to the law.

The father in the suit papers says the action of the school amounts to discrimination on the basis of her Rastafarian beliefs.

Article 30 (1) of the Constitution states that every person has the right to freedom of conscience, religion, thought, belief and opinion.

He further directed the school not infringe on the rights of the minor when she is recalled back to the school.

This is how the Rastas celebrated.

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