Rastafarianism is a religion in Kenya – Court

The High Court on Friday, September 13, ruled that Rastafarianism is a religion, whose practices, including growing of dreadlocks, shouldn’t be discriminated in public utilities such as schools.

Judge Chacha Mwita made the declaration following a complaint filed by a parent, whose daughter was, in January 2019, denied admission at Olympic High School in Nairobi because she had dreadlocks.

Jutsice Mwita said the school’s refusal to admit the girl, who was to join Form One at the time, was an infringement on her Constitutional right to education.

The judge termed Olympic High School’s decision to bar the teenager from studies as “null and void”.

Justice Mwita ordered that the school must immediately admit the girl in Form One.

The court further issued a permanent injunction, barring the school from “interfering with the minor’s right to education”.

“School rules should never be applied in a manner that infringe on the students’ Constitutional rights,” said the judge, adding: “The limitation must be one contemplated in the Constitution.”

The girl’s father had moved to court on February 14, 2019, where he sued Olympic High School’s Board of Governors for refusing to admit his daughter, who had reported for admission in Form One on January 10.

Justice Chacha Mwita observed that just like Christianity, Islam, Hindu, and other religious orientations in Kenya, Rastafarianism is also a religion.

“It (Rastafarianism) should be accorded the same respect other religions are given,” said the judge.

In his ruling, Justice Mwita further said that Rastafarianism originated from Jamaica, and the wearing of dreadlocks is their unique identifier.

The complainant’s lawyer, Wambui Shadrack, told the court that the minor’s education in primary wasn’t disrupted despite sporting dreadlocks throughout.