Court declines to reinstate suspended Muslism students
07 July 2015, 12:32
Mombasa - 13 students suspended from Bura Girls high school for failure to attend a church service will stay at home for two weeks after a high court judge declined to grant interim orders for their readmission until he familiarizes himself with the case.
Justice Emanyara Emkule said that the matter involved minors and he sought more time to familiarize himself with the case.
“This is a very sensitive matter. Let the respondents file their replying affidavit withing seven days and the applicants file their affidavit within five days which will give me ample time to understand the matter,” said Emukule.
The students' lawyer, Ali Mahamood pleaded with the court to issue the orders for the better interest of the minors since they were missing their studies yet it was their right to be in school.
“Your honor, these minors are missing a lot. We pray that this court grant orders that the girls be reinstated back to school and not be subjected to any condition pending the hearing and determination of the case,” appealed Mahamood.
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The students had also filed an application seeking orders to restrain the Bura Girl’s school board from conveying a board of management disciplinary committee upon their return to school until the matter is determined.
They also sought an order to have the school Board of Management and County Director of Education Taita Taveta, who is the second respondent to allow all Muslim girls back to school to continue with their studies unconditionally pending the determination of the matter in court.
The applicants further sought an order restraining the first respondent from compelling Muslim students to attend any religious function or service contrary to their Islamic faith.
“The constitution clearly states that everyone has freedom of worship, hence the school sponsors cannot force anyone to factor in the demands of the sponsor's faith,” he emphasized.
The petitioners said that Bura Girls is a government school that is under the Catholic sponsorship and the constitution states that a sponsor cannot force an individual to proclaim another faith.
The case will be heard on July 20.
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