The High Court Wednesday declined to issue temporary orders to allow a pupil alleged to have been suspended from Rusinga school for wearing dreadlocks to attend class.
Lady Justice Mumbi Ngugi directed that since the school has already responded to the case with firm grounds on why the nine-year-old cannot be allowed back into class with that kind of hair, it would be proper for the whole matter to be heard and determined once and for all.
The judge explained that there was no need to waste time hearing an application for temporary orders to admit the pupil back and advised that instead facts of the whole dispute be dealt with expeditiously.
She also directed both the school and the parent to file further court documents with any other detail which might have been left out or needs to be included in the case by Monday for a hearing on Tuesday, September 23.
Lawyer Doreen Mutung’a for the mother of the pupil, had told Lady Justice Ngugi that the parent was seeking directions on interim orders.
But the school’s lawyer opposed the issuance of any temporary injunction arguing that the application requesting the orders was filed after the school had already responded to the case.
The mother is arguing that the rule requiring her son to cut his dreadlocks is in contravention of Article 44 of the Constitution of Kenya. The school however disagrees.