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Siaya court orders Lwak Girls' Samira to return wearing hijab

The order follows a petition filed by her father challenging the school’s decision to bar her from class over the attire.

A High Court in Siaya on Thursday ordered that Samira Nasib Ramadhan, the Muslim student at the centre of the St Mary’s Lwak Girls High School hijab dispute, be allowed to return to school while wearing the religious headscarf.

The order follows a petition filed by her father challenging the school’s decision to bar her from class over the attire.

The ruling was issued on March 12, 2026, by Justice D.K. Kemei during the inter-partes hearing of an application filed before the High Court sitting at Siaya Law Courts.


According to court documents, the case was filed as Nasib Ali Ramadhan versus the Teachers Service Commission, St Mary’s Girls Lwak Girls High School and two other respondents under case number HCCHRPET/E002/2026.


The court heard submissions from counsel representing the petitioner and the respondents before recording a consent agreement between the parties.


The applicant was represented by Massir acting alongside Shabban, while Essendi appeared for the first, third, and fourth respondents, and Anyur represented the second respondent.


In the order issued by the court, the judge directed that “the learner be and is hereby allowed to go back to school adorning her hijab and resumption of her learning.”


The order further stated that the parties agreed to compromise the petitioner’s application dated March 6, 2026, with no orders as to costs.


The court also scheduled the matter to return on April 23, 2026, for further directions on the constitutional petition.


The case centres on Samira Nasib Ramadhan, a Muslim Grade 10 student whose dispute with the school sparked a national debate about religious freedoms in Kenya’s education system.


Samira had been admitted to St Mary’s Girls Lwak Girls High School in Siaya County earlier in 2026.


However, shortly after reporting to the school, the student reportedly faced objections from the school administration regarding her decision to wear a hijab as part of her religious observance.


According to her family, the school had initially indicated that the student would be allowed to wear the head covering when she joined the institution.


The situation later changed when she was allegedly instructed to remove the hijab because it was not part of the school’s uniform policy.


Her father, Nasib Ali Ramadhan, subsequently moved to court arguing that preventing his daughter from wearing the hijab violated her constitutional rights to freedom of religion and protection from discrimination.


The case attracted widespread attention across the country and prompted discussions among education officials, religious leaders, and civil society groups.


Some leaders argued that school uniform policies should accommodate religious attire to reflect Kenya’s religious diversity.


Others maintained that institutions, particularly those sponsored by religious organisations, should retain authority over their dress codes and traditions.


St Mary’s Girls Lwak Girls High School is a Catholic-sponsored institution, a factor that has also been mentioned in debates surrounding the dispute.


The controversy also highlighted broader questions about how students placed in schools through the national secondary school placement system navigate religious differences.


Kenya’s Constitution guarantees freedom of religion and belief, a provision frequently cited in disputes involving religious dress in public institutions.


Legal experts say such cases often require courts to balance constitutional rights with institutional policies governing discipline and identity within schools.


In this instance, the High Court’s order allows the student to continue her education while wearing the hijab as the legal proceedings continue.


The decision does not determine the final outcome of the petition but provides interim relief pending further hearings.


The next court appearance scheduled for April 23, 2026, is expected to give direction on how the constitutional issues raised in the petition will be addressed.


The case is being closely watched by education stakeholders, religious organisations, and legal observers because it could influence how Kenyan schools handle similar disputes in the future.


For now, the High Court’s consent order clears the way for the learner to return to class while wearing the religious attire that triggered the dispute.


The outcome of the broader constitutional petition may ultimately determine whether schools will be required to accommodate religious dress within their uniform policies across the country.

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