The High Court has declined to issue temporary orders seeking unconditional return to school for 15 year old teenage girl who was allegedly kicked out of Olympic secondary school in Kibra for wearing dreadlocks.
Justice Chacha Mwita made the decision after Attorney General Paul Kihara who has been sued in the case failed to respond to the issues raised by the defense team.
The 15 year old teenage girl who was allegedly kicked out of Olympic secondary school in Kibra for having dreadlocks will continue to stay out of school after the court failed to issue orders for her unconditional return to school.
Appearing before Justice Chacha Mwita, the parents of the teenage girl were optimistic that the court would move with speed and issue orders that would see their daughter return to school pending the hearing and determination of the case.
However, this did not happen, after the court learned that the Attorney General who has been sued in the case was yet to respond to the issues raised by the defense team.
Justice Mwita instead ordered the Attorney General to file his response within 5 days and parties to appear before him for further directions.
In the case, parents of the teenage girl argue that the action of the school to kick their daughter out of school amounts to discrimination on the basis of her Rastafarian beliefs.
A similar case was dismissed by the High Court in 2014 after the parents of a six year old boy filed a petition against Rusinga School for allegedly ordering their son to cut off his dreadlocks.
In the ruling by Justice Mumbi Ngugi, the court ruled that schools have the right to set rules for the conduct of their students and that the parents failed to convince the court that their culture and religious rights had been denied.