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Mohamed Fugicha v. Methodist church in Kenya (tuing through its registered trustees) , Teachers Service Commission, County Director of Education Isiolo County & District Education Officer Isiolo Sub-County

(2016) JELR 99014 (CA)

Court of Appeal  •  Civil Appeal 22 of 2015  •  7 Sep 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

By this appeal, this Court is being asked, to pronounce authoritatively for the very first time as far as we can tell, on the very live and often vexed issue of free exercise of religion in Public Schools in Kenya.

1. BACKGROUND AND PROCEDURAL HISTORY

By a Petition filed before the High Court’s Constitutional and Human Rights Division at Nairobi, which was later transferred to the High Court at Meru, the Methodist Church in Kenya, suing through its Registered Trustees (The Church), impleaded as respondents the Teachers Service Commission (TSC), the County Director of Education Isiolo County (CDE) and the District Education Officer Isiolo Sub-County (DEO).

On the facts supporting the Petition, the Church averred that it was the Sponsor of St. Paul’s Kiwanjani Day Mixed Secondary School (The School) for which, it provided a five-acre piece of land. The School, founded in the year 2006, had “a population of 412 students from diverse religious backgrounds” and was the be…

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