Muslim parents and the Supreme Council of Kenya Muslims (Supkem) have filed a lawsuit against Oshwal Academy, alleging violations of religious freedom and educational rights after the school banned Muslim students from conducting prayers on campus.
Policy Restrictions and Legal Claims ¶
The petitioners argue that students previously conducted midday dhuhr prayers at home during lunch breaks but were forced to pray in classrooms after the school prohibited parent pick-ups in 2013. A 2017 directive later barred prayers in classrooms, with school management stating, "ritualistic prayers at the school as one can pray in his heart where God lives."
The lawsuit claims the policy discriminates against Muslims, as Jain prayers are permitted during school assemblies. Parents allege the school threatens to revoke enrollment if families challenge the rules, violating the right to equality and religious expression.
Historical Context and Security Rationale ¶
The 2013 policy restricting parent pick-ups followed the Westgate terror attack, which killed 67 people. In 2017, students were also barred from visiting the Parklands mosque. A 2018 directive reinforced the classroom prayer ban, warning of expulsion for violations.
The legal documents emphasize that Muslim students pray five times daily, requiring physical postures and supplications. The case argues that the restrictions infringe on freedom of religion and education, with the National Gender & Equality Commission and other state bodies named as respondents.
