Last month, in
Republic v. The Head Teacher, Kenya High School, (High Ct. Kenya, Sept. 18, 2012), the High Court in Narobi, Kenya upheld the uniform requirements of Kenya High School which bar Muslim girls from wearing the
hijab. Among other things, plaintiffs argued that the ban violated provisions of Kenya's Constitution that assure equality before the law and which protect freedom of religion and bar religious discrimination. In rejected plaintiff's arguments, the court said in part:
The significant and critical role played by standardized dress codes and observance of rules in controlled environments... cannot be overemphasized.... In my view, the most important role played by a standardized school uniform is that it creates uniformity and visual equality that obscures the economic disparities and religious backgrounds of students who hail from all walks of life.
If the court were to allow the applicant’s quest to wear hijab in school, the 48 Muslim girls in the school would look different from the others and this might give the impression that the applicants were being accorded special or preferential treatment. This may in all probability lead to agitation by students who profess different faiths to demand the right to adorn their different and perhaps multi-coloured religious attires of all shapes and sizes which the school administrators will not be in a position to resist.... Such an eventuality should be avoided at all costs since it is in the public interest to have order and harmonious co-existence in schools....
It is important to bear in mind that the Republic of Kenya is a secular State.... [A]llowing the applicant’s prayer in this motion would in my opinion be tantamount to elevating the applicant and their religion to a different category from the other students who belong to other religions. This would in fact amount to discrimination of the other students who would be required to continue wearing the prescribed school uniform.
Kenya's
Daily Nation today reports on the decision.
