Court declines to grant orders to reinstate Bura students


Written By Jane Njeri Thuo

Thirteen students suspended from Bura Girls High School for allegedly failing to attend a church service will remain at home for two more weeks. This follows a High Court judge's decision not to grant interim orders reinstating the girls to school until he familiarises himself with the case.

Justice Emanyara Emukule said the matter was a sensitive one as it involved minors.

“This is a very sensitive matter, let the respondent file their replying affidavit within 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, had pleaded with the court to issue the orders for the interest of the minors, saying they were losing study time and that they had a right to be in school.

“Your honour, these minors are missing a lot. We pray that this court (grant) orders that the girls be reinstated to school and not to be subjected to any condition pending the hearing and determination of the case,” said Mahamood.

The students had also filed an application seeking orders to restrain the Bura school board from convening a disciplinary committee upon the return of the girls until the matter is determined.

They also sought an order to have the school’s management board and the director of education in Taita-Taveta County, who is the second respondent, to allow all the Muslim girls back to school and continue with their studies unconditionally.

The applicants further sought an order that the first respondent be restrained from compelling Muslim girls at Bura Girls to attend any religious function or service contrary to the Islamic faith.

“The Constitution clearly states that everyone has freedom of worship, (and) hence the school’s sponsors cannot force anyone to factor in the demand of (their faith),” he emphasised.

The petitioners noted that though Bura is a government school under the Catholic Church, the Constitution states that a sponsor cannot force an individual to proclaim another faith.

The case is set to be heard of July 20.

Reference : mobile.nation.co.ke


Bura Girls High School,Worship,Church