Rastafarians have a right to education, court rules

Olympic High School student Makeda Ndinda during a past interview with the Standard. [File, Standard]

A Nairobi court has declared that children with dreadlocks can continue with their education as it is their fundamental right.

High Judge Mwita Chacha yesterday 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.

The father told the court that his daughter keeps dreadlocks as part of her Rastafarian religion and not as a fashion statement and should therefore not be compelled to shave them.

“A declaration is issued that the decision of Olympic school to keep the minor out of school due to her dreads is unconstitutional null and void,” ruled Justice Mwita. The judge ruled that barring the minor from school was a violation of the constitution.

“No person should be compelled contrary to their religion and the decision by the school to keep a minor out of school due to her religion is infringement and violation of the Constitution,” he added.

The judge further declared that school rules must not be applied in a manner that infringes constitutional rights.

“The limitation must be one contemplated in the Constitution,” he said.

The court ruled that Rastafarian is a religion and must be accorded respect like any other.

In class

The judge said Rastafarian religion originated from Jamaica and keeping dreadlocks is their identification.

“The right of every child to basic education is protected by the Constitution and every parent has a legal responsibility to take their children to school,” Justice Mwita ruled.

The petitioners through their lawyer Wambui Shedrack, told the court that the minor went through primary education without shaving her hair.

“The constitution guarantees every person a right to faith and cutting the minor’s hair is contrary to the religion,” said the judge.

The father while testifying in court, said the girl was in class when she was summoned by the deputy headteacher and ordered to shave the dreadlocks.

He added that all his family members are Rastafarians and are forbidden by the Bible from cutting their hair.

He had tried to sort out the matter with school management in vain.

The father quoted Numbers and Leviticus in the Bible to justify why he has never shaved his daughter’s hair.