The High Court in Siaya has certified as urgent a petition filed by a parent against St. Mary’s Lwak Girls High School over allegations that a Muslim student was harassed and effectively forced out of school for wearing a hijab.
In directions issued on Friday, Justice David Kemei ordered that the application be served on all respondents immediately and scheduled the matter for an inter-partes hearing on March 12, 2026.
The petition was filed by Nasib Ali Ramadhan on behalf of his daughter, identified in court documents as S.R., seeking protection of her constitutional rights to education and freedom of religion.
Ramadhan and his daughter visited the school on January 13, 2026, where the boarding mistress, Ms. Ongenga, allegedly assured them that the student would be allowed to wear a hijab while studying at the institution.
However, the situation reportedly changed the following day when the parent received a call informing him that Muslim students were not permitted to wear the hijab because the institution is a strictly Catholic school.
In an affidavit filed before the court, the petitioner claims the student faced hostility from school authorities during her brief stay at the institution.
Among the allegations raised are that the student was compelled to remove her hijab because of her religious identity and was forced to attend Christian church services contrary to her Islamic faith.
The petition further alleges that a priest associated with the school made demeaning remarks about the hijab and pressured the student to abandon the head covering.
The dispute culminated on February 11, 2026, when the student was reportedly issued with a clearance note and required to leave the school, effectively interrupting her education.
The petitioner is represented by young muslim lawyers Abdulrasul Nassir Mohamed, Boru A. Guyyo and Rajab M. Shaaban.
Through the legal team, the petitioner argues that the hijab is a religious symbol representing a woman’s dignity and devotion and that preventing the student from wearing it amounts to discrimination.
The petition cites alleged violations of the Constitution of Kenya 2010, including Article 27 on equality and freedom from discrimination, Article 28 on human dignity, Article 32 on freedom of religion, and Article 43 on the right to education.
The High Court will hear the matter on March 12, 2026
