Methodist Church (Suing Through Its Registered Trustees) v Teachers Service Commission & 2 others (Petition 30 of 2014) [2015] KEHC 5794 (KLR) (5 March 2015) (Judgment)
- Court
- High Court of Kenya
- Case number
- 5794
- Citation
- [2015] KEHC 5794 (KLR)
- Decided
- 5 March 2015
The court found that the petitioner has locus standi and that the court has jurisdiction to entertain the matter. The court also found that the school uniform policy does not discriminate against Muslim students.
Facts
The petitioner, Methodist Church, is the sponsor of St. Paul’s Kiwanjani Day Mixed Secondary School. The school has a diverse student population and a uniform policy. The Teachers Service Commission (TSC) and the County Director of Education have allowed Muslim students to wear hijab/trousers, which the petitioner claims is discriminatory.
Issues
- Whether the petitioner has locus standi to file the petition.
- Whether the petition is premature and whether the court can interfere with TSC's teacher management functions.
- Whether the school uniform policy discriminates against Muslim students.
- Whether an injunction can prevent the TSC from allowing Muslim students to wear hijab/trousers.
- Whether the school uniform policy indirectly discriminates against Muslim female students.
Reasoning
The court determined that the petitioner has the right to bring the petition and that the court can address the issue of the school uniform policy.
Outcome
The court dismissed the petition.
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