Opinions differ on hijab ruling as lawmakers vow action

Opinion is divided following the Supreme Court 's decision to give schools discretion on how Muslim learners should dress.

The argument is on whether the ruling on Thursday, that overturned one in September 2016 by the Court of Appeal, is discriminatory and unnecessary.

The appellate court had allowed Muslim girls to wear the hijab as part of the school uniform- the requirement is for the hijab to be worn over the head to preserve dignity.

"ISLAMOPHOBIA"

Among those who gave their views on the matter was Senior Counsel Ahmednasir Abdullahi, who said the judgment was “inspired by a poisonous evangelical jurisprudence that repudiate the rights of Muslim pupils to wear a hijab".

He added that the court “showed an unacceptable degree of Islamophobia”.

In a tweet, the counsel wondered whether the Supreme Court is a unifying court or divisive court and said the country urgently needs national dialogue on the court.

DISBELIEF

Twitter user Monica Wanjiru wondered how wearing the attire would amount to disobeying school rules.

“It’s only a scarf [yet] allowing a girl to have it can be the difference that ensures she gets an education. We need to support [children so they can] stay in school, not create marginalisation through unnecessary sanctions,” Wanjiru argued.

One Muthoni said, "Why is Kenya’s Supreme Court policing women’s clothing? How can they ban hijabs in schools?”

Twitter user 'Giggs Yule Mmoja' wrote, "It is only in Kenya where Supreme Court judges cover their heads and ban religious hijabs for school going Muslims."

All but judge Jackton Ojwang dissented the move.

PRECEDENT

Kigen Koech said the Ministry of Education should intervene just as it did with the issue of the Rastafarian schoolgirl who was expelled from Olympic High School in Kibera.

“Female Muslim schoolgirls have a right to express their religion through the hijab,” Mr Koech opined.

Dikembe Disembe disagreed with the those oppose the ruling, calling them hypocrites.

“Those who celebrated Starehe Boys’ discriminatory 'yellow forms' are now fuming and frothing in their mouths because the Supreme Court has given schools discretion to decide the question of the hijab,” he said.

FIGHT

Ijara lawmaker Sophia Abdi Noor said that they will consult experts and determine the next course of action while nominated Senator Falhada Iman said that the Muslim community will not take the matter lightly.

The leaders vowed to fight the ruling, including in international courts.

On Thursday, the Council of Imams and Preachers of Kenya and Haki Africa, a Mombasa-based non-governmental organisation, protested against the decision terming i “unfair” to Muslims.

CIPK Organising Secretary Sheikh Mohammed Khalifa said the decision by the top court was against the Constitution.