Parents sue over ban on Islamic prayers at school

The battle over religious practice has once again been dragged to the courts.

In a suit filed by the Supreme Council of Kenya Muslims (Supkem) and a parent, the two petitioners are protesting against new policies that restricts their children from conducting Muslim prayers within the school compound.

DISCONTINUED

They argue that Muslim pupils at Oshwal Academy had been going home over lunch hour for their dhuhr (midday) prayers but they have since been stopped from doing so.

Since the introduction of the policy barring parents from picking their children over lunch hour, the pupils had resorted to conducting their prayers in the classrooms.

However, the school issued a directive banning them having prayers within the school compound.

According to the petitioners, the management said it would not allow “ritualistic prayers at the school as one can pray in his heart where God lives”.

They said the directive is discriminatory against Muslims considering that Jain prayers are conducted during assemblies and opening days.

“The school’s board is coercing and making veiled threats through circulars which demand that parents should commit that their children shall abide by the new policies lest their enrolment at the institution is discontinued,” the parents said through lawyer Ali Mahmud Mohamed.

SECURITY

They argue that the threats are aimed at silencing them from pushing for their children to be allowed to exercise their religious rights, saying Muslim pupils should be allowed to conduct their prayers through the principle of accommodation under the right to equality.

The policy stopping parents from picking their children over lunch hour was introduced soon after the September 2013 Westgate terror attack that left 67 people dead. The school said the measure was taken for security reasons.

Pupils were also prevented from walking to the nearby Parklands mosque in 2017.

A further directive was issued by the principal barring Muslims from conducting their prayers in the classrooms in May last year.

Two circulars were issued this year regarding the same issue.

The circulars noted that it was an offence to hold Islamic prayers in the school compound and that one risks being expelled.

PUBLIC INTEREST

The policies also stress that the board has the absolute discretion to terminate enrolment of any pupil if his or her parent or guardian interferes with the school’s running as a faith-based and academic-oriented institution.

In the suit documents, the parents and Supkem said the court needs to consider that Muslims pray five times in a day while bowing and making specific supplications.

They said Muslim pupils are now facing a violation of their right to education and freedom of religion, belief and opinion.

While noting that the issue of observance of Islamic prayers has never been adjudicated by superior courts, they said their case is a public interest matter.

The National Gender & Equality Commission, Kenya National Commission on Human Rights, National Cohesion and Integration Commission, Education Cabinet Secretary and the Attorney General have been enjoined in the suit.