Judicial Protection of the Minority Religious Beliefs: A Commentary on the Rastafarian and Mohammed Fugicha (Hijab) Judgments

Abstract

Having correctly described our constitution as transformative and revolutionary has the judiciary stood up to our constitutional leitmotifs? is the jurisprudence from our courts encouraging?, how have our courts adjudicated the rights of the religious minorities in schools?. In a bid to answer these questions, we look at two judgements, the Mohammed Fugicha commonly known as the hijab case and the Rastafarian decision. We seek to point from the start this paper celebrates Justice Chacha Mwita’s reasoning in the Rastafarian case , the court of appeal’s reasoning in the Hijab case and the dissenting opinion of Justice Jackton Ojwang.