PAC Orders Immediate Reinstatement of Muslim Student Barred Over Hijab

The National Assembly’s Public Accounts Committee (PAC) has directed the Ministry of Education to immediately reinstate a Grade 10 student at St Mary’s Lwak Girls in Siaya County who was reportedly sent home for wearing a hijab.

The directive was issued during a heated committee session at Bunge Tower after Garissa County Woman Representative and PAC Vice Chairperson Amina Udgoon Siyad raised concerns over alleged religious discrimination against the Muslim learner, identified as Samira Ramadhan.

Ms Siyad told the committee that the student had been assured at the time of admission that she would be allowed to wear her hijab, but was later denied permission and subsequently removed from school.

“Despite being assured at the time of admission that she could wear it, Samira Ramadhan is now unable to continue with her studies,” Ms Siyad said, adding that efforts by the student’s father to seek clarification from the school management had not yielded results.

The matter triggered a constitutional debate among lawmakers, with Teso South MP Mary Emase citing Article 27 of the Constitution, which guarantees equality and freedom from discrimination.

“Every person is equal before the law and has the right to equal protection and equal benefit of the law,” Ms Emase said. “The State shall not discriminate directly or indirectly against any person on any ground, including religion.”

Rarieda MP Otiende Amollo urged the committee to establish the facts of the case while emphasizing that the learner should not remain out of school during investigations.

“The law is clear; that is not in question. What is in question are the facts,” Dr Amollo said. “It is reasonable to allow the Principal Secretary time to investigate and provide a factual report. However, given the urgency of the matter, the girl cannot remain at home as we wait.”

PAC Chairperson and Butere MP Tindi Mwale took a firm position, demanding immediate clarification from Basic Education Principal Secretary Julius Bitok regarding the student’s status.

“The Constitution is very clear. You do not discriminate according to religion,” Mr Mwale said. “There is no need for that girl to be sent away.”

When pressed by the committee, Prof. Bitok confirmed that the student was not in school.

“The girl was removed from the school,” he said. “I will ensure that the girl gets back to school as soon as possible, immediately, even as soon as today.”

Mr Mwale questioned the delay in action, stating that the ministry had an obligation to uphold constitutional protections, including freedom of worship.

Prof. Bitok explained that preliminary reports from the sub-county education office and the school offered differing accounts of the incident, necessitating further investigation. However, he assured lawmakers that the ministry would act swiftly to safeguard the learner’s rights.

“The law is clear. There should be no discrimination whatsoever on matters of religion,” he said.

The committee resolved to fast-track the establishment of facts while ensuring the immediate reinstatement of the student, underscoring Parliament’s commitment to upholding constitutional protections against religious discrimination in schools.