Highcourt judge Chacha Mwita in his ruling Found and hold that the decision by Olympic high school to keep a minor out of school due to her religion is infringement and violation of the constitution.
A declaration is issued that the decision of Olympic school keeping the minor out of school due to her dreads is unconstitutional null and void.
The school ordered to immediately recall the student back to school.
The court has issued a permanent injunction against the school from interfering with the minor right education.
The judge in addition orderd that School rules must not be applied in a manner it infriges the right as contemplated in the constitution.
“The limitation must be one contemplated in the constitution” He said
The minor father, through moved to court on January 14, 2019, and sued the school’s Board of Governors for sending home the Form One girl when she reported to school on January 10.
Court finds Rastafarian is a religion and must be accorded it’s respect as any other religion.
The judge in his ruling finds that Rastafarian Originated from Jamaica and wearing dreadlocks is their identification.
“The right to every child to basic education is protected by the constitution and every parent has a legal responsibility to take their children to school” chacha mwita ruled.
Through their lawyer Wambui shedrack told the court that the minor went through primary education without shaping her hair.
“The constitution guarantees every person right to religious faith and cutting the minor hair is contrary to the religion”said the judge
“No person should be compelled contrary to their religion” he added
Find and hold the respondents decision to keep the minor out of school due to her religion is violation of the constitution
The father while testifying in court stated that the girl was in class when she was summoned by the deputy head teacher who sent her away ordering that she only returns to school after shaving her dreadlocks
father added that all their family members are Rastafarians and that they are forbidden by the Bible from cutting their hair.
The minor is a member of Rastafarian religion which does not allow her to shape her hair.
The petitioners father tried to have the matter sorted out by school to gain
The respondents maintained the school rules must be adhered to.
The father further quoted numbers and Leviticus in the bible as the reason he has never shaved her hair.
The minor has always had rastas she had been admitted to Olympic school with the dreads.