So all those who follow school regulations are breaking the constitution?..Why sign (agree to abide by them) only to break them and play the "constitution card?
This is just wrong.
Wapi mawakili wa hii kijiji, is a document signed by a minor legal and binding?
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instead of focusing on ways to improve those “quite good” grades, mnafukuza mtoto shule for such a stupid thing…
There are so many ways of looking at this thing!
If it is true that she signed the school rules and undertook to abide by them, I would assume that she was under at 18 at the time. So, what is the law on contracts entered into with Minors? A Minor has no capacity to enter into a contract. Any contract entered into by a Minor except a contract for necessity [for essentials of life] is voidable at the Minor’s option [meaning that the Minor may choose to renounce or abandon it]. So she can choose to do just that and ask, “what rules?”
It has also been pointed out correctly that the constitution is the supreme law of Kenya. Any law [including rules of private members’ clubs, schools and strip-joints] that are inconsistent with the constitution are invalid to the extent of their inconsistency. She can Petition the Courts [not an online petition, kubaff sana!] and claim that the rules of her school discriminate and prevent her from exercising her religion and are therefore unconstitutional and invalid [aka null and void].
Lastly, the Courts must be moved by people in order to make their pronouncements. They cannot do so on their own. Just because people follow an unconstitutional law or rule or acquiesce to some unlawful action does not make that that action or law legal or constitutional. It’s just that you must assert your rights.
Sanda sana.
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Before joining a school enclosed in the calling letter is a copy of the school rules which whoevee is joining should read. In case hakuelewa chochote angeulizia akifika shule for clarification. Angeulizia when joining the school si kukuja kutupigia kelele akifika form 2
Couldn’t have put it in a better way.
Ofcourse the schools knows they are dealing with minors. That’s why, at the end there is also a place for a parent/guardian to sign so that he/she will handle such matters on behalf.
Too many idle Law graduates in Kenya.Are there any hungry lawyers in Kenya who want to make a name for themselves while giving back to society? Mara people fall into ditches on Nairobi pavements and break their legs and yet no lawyer stands to help sue for the damages inflicted on a tax paying citizen against “kanjo”!?
I don`t totally agree with the “sue your ass” culture in the West that has seen insurance costs rise to the roof but it sure as fuck does get things sorted really fast!And this is a prime example!
#suemoiforcesacademy
If you knew the sins this man has committed and continues to commit against the girl child, you wouldn’t dare mention him here. Sitasema mengi but ask around. Utashangaa.
On to the matter at hand. If she feels so strongly that she must wear a turban, why not shop around for a school that allows it? After all, it’s not like Moi Forces has explicitly forbidden her from practising her faith.
Kweli, lakini I believe that the incident warrants an examination of all these schools rules to determine what benefits them and what doesn’t.
Should we then have boy or girl school alone? That school is unconstitutinal if it cannot admit my son. Hata 3rd rule ya gender among studes haina.
So what happens if we allow everyone to indiscriminately practice their religion and/or sect? For a Rasta, for example, bhangi is a holy herb… Where does the buck stop?
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What then do you say of single gender schools? They must be illegal ama?
Obviously, the holy herb is outlawed in other sections of our laws, which means it can’t be allowed in school.
Those who put on the turban know how much power it means. You even recall the_atheist’s Corinthian refused to remove it while dishing her pot to them_atheist. Secondary schools in Kenya should have common rules and regulations. Now, if the turban is banned, does it mean that Corinthians shall all be excluded from school? Shall we also bar turbans from public offices? Just because we seek uniformity doesn’t mean we limit people’s rights.
And FYI, the founders of Christianity (akina Paul, disciples, early Christians) were all Corinthians. And we teach CRE in school!
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To some extent they are.
Do you see a contradiction in your statement? Why should one school allow it while another forbids it, in the same country? Is it like the rules are randomly set by the school heads, or by the ministry? If we are insisting on uniform dressing, uniform rules (countrywide ) should also apply.
That’s a naive argument. If I don’t allow bhang-smoking in my compound, what stops the bhang smoker from looking for one who allows it in theirs? I see no contradiction in that. Most of our schools are founded on religious grounds by various denominations to which they still remain adherent. Rather than waste time taking these to court to accommodate her, she can just as easily get one that already accommodates her chosen way of dressing.
School rules are largely set by the various school administrations, the ministry plays only an oversight role. That’s why you’ll find some have canteens while others don’t, for instance.
The issue of Bhang smoking is actually one of legality vs. illegality. So, it doesn’t really apply here.
For the Corinthian, my argument is simple: Her rights to study in her chosen school (which she has been for almost 2 years) are being by a law that has no legal basis, rather it is a “discretion” of the headmaster. If school X can allow, why not school Y? What is so special about school Y? Same can be applied to canteens, study hours, duties, etc.
If 10000 schools are sued, the ministry will step in and create UNIVERSAL rules that apply to every institution, including the issue of Hijabs and turbans. And outlawing them will be discrimination on basis of religious (perfectly legal) beliefs.
Incidentally, I’d like to know if she’s been in this school since form one or came in recently. If it’s the former, has she always worn the turban ama its a recent kinda thing (which may or may not point towards teenage rebellion).
All in all, it’s no use trying to force people to accommodate you. Just go where you’re accommodated and even welcomed with open arms. The way I see this, she could go to court (assuming she’s so inclined) and if she wins the case the attendant antagonism and bad blood between her and the school authorities will make her stay there untenable, which’ll ultimately do her more harm than good. Not to mention the time wasted and unwarranted attention and focus on her. On the other hand, she may sue and lose the case (as is bound to happen when you consider the recent cases of the hijabs & white trousers as well as the other one of the kid who didn’t wanna shave as the school regulations stipulated). If she loses, what next?
My point? If you as a parent or other concerned Kenyan feel so aggrieved, take this to court as a class action suit. Let’s not waste this innocent pupil’s time and resources fighting our own adult wars informed by our own prejudices and other biases to which she is not party.
And no, this is not about democracy.
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