Muslim students at Visa Oshwal Academy have been allowed to hold prayers at the school until a case challenging their ban is heard and determined.
The reprieve came after Justice James Makau issued conservatory orders allowing the students to carry on with their afternoon prayers pending, hearing of the case filed by a parent.
The parents challenged the school's decision to bar the students from praying within the institution's compound.
The school had allegedly threatened to expel the students if they continued praying within its premises.
The Supreme Council of Kenya Muslims has joined the case and is listed as the second petitioners. Supkem said the school's policy was unlawful.
“The school has recently unilaterally effected a policy through a circular dated January 12, which indirectly inhibits Muslims from observing their afternoon prayers within school compound during lunch hours when no activity is ongoing, contrary to Article 32 of the Constitution,” Supkem said.
Petitioners claim that in May last year, the school stopped Muslims from praying within its premised and even stationed teachers in classrooms to ensure compliance with the directive.
Parents said their attempts to reach an understanding with the school on the matter failed.
Before the directive, parents were allowed to pick the pupils during lunch break and they would be taken back after lunch. Parents said it was during the lunch break that their children were able to perform their prayers.
It was alleged the school had allowed the Muslim pupils to walk over and attend Friday congregational prayers at nearby Parklands Mosque.
The school changed rules after the September 2013 terrorist attack at nearby Westgate Mall. Parents were stopped from picking children during lunch break as part of security measures.
Parents said the changes left pupils with only one option: to hold their prayers within the school compound during lunch breaks.
(Edited by Peter Obuya)
