The Supreme Court has overturned a decision by the Court of Appeal which allowed Muslim students to wear hijabs as part of their school uniform.
Making a ruling on Thursday, Supreme Court judges said every school should have the right to determine its own rules.
The decision had been made by Court of Appeal judges Phillip Waki, Roselyne Nambuye and Patrick Kiage.
“The education CS should consider formulating and putting into place regulations, after due consultations, for the better protection of the fundamental right to freedom of religion and belief as well as equality and discrimination for all pupils and students in Kenya’s education system,” the judges said.
The case was brought to the court by the Methodist church where a dispute arose over students being locked out of school over hijab.
The ruling is likely to have an impact on another case where a Kibera girl was sent home by Olympic High School over her Rastafari dreadlocks.
The school asked the girl to shave the dreadlocks or keep away attending school.
The girl’s father went to court.