Bura high school principal suspends Muslim students for not attending church service

A high court judge has rejected an application to have suspended Muslim students at Bura High School in Taita Taveta county to go back to classes while awaiting a determination of the case.

The application filed under a certificate of urgency had also sought to prevent the school administration from forcing the girls to attend church.

Justice Emanyara Emukule instead fixed the hearing of the case for July 17 and told the school to file their replying affidavit within seven days.

Bura girls practising for a sporting event at the school compound. (courtesy)

Thirty eight students were suspended by the school Principal Assumpta Munyao for two weeks for what the school says is a case of indiscipline after they failed to adhere to an order to attend a church service which was contrary to their religious beliefs.

The action prompted parents to seek legal redress to have the girls readmitted to continue with their studies.
“Your honour, these minors are missing a lot. We pray that this court grants orders that the girls be reinstated to school and not to be subjected to any condition pending the hearing and determination of the case,” Nairobi lawyer

Ali Mahmood told the court on Monday which sat in Mombasa.

He argued that according to the constitution, the rights of the children were given paramount importance and any move to deny them their right to education could be detrimental to their future.

He further argued that they have been disadvantaged and were losing a lot in terms of education whereas their colleagues from the other faith were learning. “The constitution clearly states that everyone has freedom of worship, hence the school’s sponsors cannot force anyone to factor in the demand of (their faith),” he emphasised.

Contrary to normal practice, it was the Attorney General Githu Muigai who represented the school in the petition which failed to provide a defence during the court application.

National Assembly Majority Leader Aden Barre Duale said the directive by the principal has  the potential to divide the country along religious lines.

“There are many Muslims schools with Christians students and their principals have not forced them to attend Islamic prayers at Mosques,” he said in Lamu.

He stressed that such attempts to drive a wedge between Christians and Muslims must be strongly resisted and the governemnt has a strong obligation to take stern acctions against those whose action has the potential to stir religious discord.

Bura Girls High School is a national school though run by the Catholic Church which is its sponsor.

Bura Girls preparing for a Chemistry practical at the school’s main laboratory (courtesy)