By Ogova Ondego
Published February 1, 2019
Once upon a time school rules in Kenya were to be obeyed without question. But that was before the emergence of the ‘Haki Yetu’ (our rights) anthem across the East African country.
Then, school rules went with school uniform for primary and secondary school learners. The uniform–black ‘Prefect’ shoes by Bata, grey stockings with golden strips, khaki shorts, grey trousers, light blue shirts, white shirts and Navy blue sweaters, slip-overs and blazers, for instance–and the rules–keep short hair, cut nails, clean ironed uniform–were aimed at levelling the playing field for all and creating an enabling environment for learning as obedience is better than sacrifice. Schools, it was assumed, mean well and that learners and their parents should only trust and obey them.
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Now, Rastafarians are demanding to keep dreadlocks, Muslims want to be in veils and head and chest coverings, Akorinos want to have turbans and Sikhs want to carry swords while schools stress the importance of uniform as they are not religious organisations in a country that prides itself on its secular values.
The Haki Yetu adherents, rather than get cowed, are seeking court protection over what they term as infringement of their religious rights in a country that also has schools that are owned by individuals, religious organisations and the state. Why, you may wonder, don’t Muslims, for instance, attend Islamic schools, African Divine Church (ADC) ADC-sponsored schools if they wish to take their religious symbols to class instead of antagonising managers of Hindu- or African Traditional-sponsored schools?
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The courts have ruled that schools, not being religious shrines, have the right, through their rules, to determine their dress code or school uniform.
The highest court in Kenya–the Supreme Court–ruled on January 24, 2019 that learners must comply with school rules regarding the dress code.
Ten days earlier, on January 14, 2019, the father of a Rastafarian student had sued a Nairobi secondary school for sending his daughter away over her dreadlocks but the matter was settled when the Minister for Education ordered the school to re-admit the girl. But the Minister’s order lacks legal basis and could be the subject of a law suit. In any case, the High Court had on October 7, 2014 had ruled that “a school is entitled to prohibit [dreadlocks] in its grooming code.”
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The High Court had in 2013 directed the Ministry of Education to come up with policies to guide schools in how to apply their rules without infringing religious freedom. But six years later, learners and their parents continue to do battle with schools in the corridors of law courts, the Government having failed to come up with the much sought regulations.
The writer is a former teacher.