Health Cabinet Secretary Aden Duale has demanded that the Ministry of Education take action against the Principal of Lwak Girls' Secondary school for sending home a student for wearing a hijab.
Speaking on Thursday, February 26, Duale accused the Principal of undermining the student's right to religion and freedom of expression.
He argued that sending the student home amounted to religious discrimination, contrary to the Constitution.
"Articles 32 and 37 are clear, and the Constitution guarantees the right to religious freedom and expression, including the right to wear religious attire.
"Individuals cannot be forced to act against their beliefs, and they cannot be denied access to public service, including education, because of their religious dress," Duale reiterated.
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The Health CS added that the courts had already delivered a ruling on the matter and requested that the student be allowed back to school.
Duale argued that students' dress code should be the least concern of teachers and referred to the directive by President William Ruto.
"It is the President who said that people can go to school even without a uniform. As the government, we will not take that lightly," he remarked.
The CS added that students belonging to the Akorino faith should be allowed to wear their headgear, and those who are Sikhs should also wear their turbans.
He maintained that all schools should uphold the principles of inclusivity, tolerance, and respect for all faiths.
While Duale may be right about the freedom of religious expression, the Supreme Court ruled in 2019 that schools can ban the hijab, or any other religious attire.
The Apex Court determined that individual schools have the right to determine their own dress codes to maintain discipline.
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