Schools will no longer force students from different religions to conform to the institution’s faith after a Court of Appeal ruling yesterday.
Justice Patrick Kiage, Francis Tuiyot, and Joel Ngugi overturned a High Court decision that had made it mandatory for St. Anne’s students to attend Mass every Friday morning.
“School rules and regulations that provide for a mandatory 30-minute Mass every Friday morning for all children are indirectly discriminatory, unconstitutional, and invalid,” Justice Patrick Kiage ruled.
They said the school ought to have allowed the students to practice their respective religions while still complying with regulations, considering that it was a public institution.
This comes after a case where the Law Society of Kenya (LSK) and nine learners challenged the decision by St. Anne’s Primary school in Ahero, Kisumu County to force students to attend Mass every Friday morning.
Schools will now abide by the circular from the Basic Education Principal Secretary dated March 4, 2022, advising on the need to respect the religious rights of learners.
The circular had asked school managers and administrators to take into consideration Chapter Four of the Constitution on the Bill of Rights along with the Basic Education Act, 2013 in protecting the rights of learners.
By Vostine Ratemo
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