BY PRUDENCE WANZA – High court has ruled in favour of a Rastafarian student who was sent home from Olympic high school in January.
The court in it’s ruling said that the student’s rights to education and the freedom of religion were violated.
Justice Chacha Mwita has ruled that Rastafarianism is a religion just like any other and its followers should be treated as the rest.
“The rule that she cuts her hair is intrusive to her religion and not justifiable in a Democratic country'”said Justice Chacha Mwita.
Mwita also states that the rights to education and freedom of religion supersedes school regulations.
He added that the school rules have been applied in a manner to deny her to receive education which then violates her right to education.
Judge Mwita made this judgement in a case in which a minor was chased away from Olympic High School on 10th January for having dreadlocks.
The child’s father had sued the schools board of Governors for sending home the girl. According to him all his family members are Rastafarians and they are forbidden from cutting their hair in the religion.
Olympic High School argued that their status as a public institution meant that she was supposed to be admitted strictly in to the rules and regulations of the institution
The school told the court that when the girl was being admitted the parents said she was a Muslim but when she was given her uniform the hijab fell off and they realized she had dreadlocks.
However judge Mwita stated that the fact that she keeps rastas should not have been the basis to chase her from school adding that school rules should not appear to be superior to the constitution.