The Teachers Service Commission (TSC) has supported the push to have Muslim students allowed to wear hijab in public schools.
The teachers' employer, in its reply filed before the Supreme Court, argues that although some schools are sponsored by churches, those who do not profess to Christianity should also be accommodated.
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The commission, through lawyer Stella Rutto, is of the view that a child’s right to education cannot be limited to their religion.
“Muslim students at the school should be allowed to wear religious attire in form of hijab and white trousers in addition to the school uniform.
"The second respondent invokes the principle of accommodation to allow Muslims to wear hijabs. We humbly ask that the decision of the Court of Appeal be dismissed,” argued lawyer Rutto
The Methodist Church went to the Supreme Court to challenge a Court of Appeal ruling, arguing it ignored evidence that students and their parents sign, on admission, that they will abide by school rules and regulations, which include wearing prescribed uniform.
According to the church, St Paul Kiwanjani Mixed Secondary, sponsored by the church, decided to suspend three Muslim students citing defiance.
Attorney General Paul Kihara also supported free manifestation of different faiths in schools, saying all Kenyans are equal.
The Court of Appeal and the High Court are split over the right of worship for students.