Following the 2024 Kenya Certificate of Primary Education results, Azizi, Mlio, Haki and Dalila received admission to

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Question:

Following the 2024 Kenya Certificate of Primary Education results, Azizi, Mlio, Haki and Dalila received admission to Great Kenya Secondary School. The school is one of the best institutions for girls in the country. Of the 360,000 applicants, only 150 girls gained admission. A faith-based organization, Progressives Africa, runs the institution.

All the four ladies scored between 420 and 425 marks in the 2023 national exam. On admission day, all applicants were required to sign the school's 'Rules and Regulations'. These were framed thus:

Rule 1: I agree to abide by these rules and regulations.

Rule 3: In keeping with one of the central tenets of the Progressive Church of Africa, I will always wear a turban while at school and during any function outside of school.

Rule 4: I will also attend prayers in the auditorium every Tuesday at 5:30 a.m. and 10 p.m. for one hour.

Rule 12: If I fail to comply with any rule or regulation, the Principal is at liberty to suspend me for 2 weeks.

All admitted students sign on to the rules and regulations.

After gaining admission into the school, the four ladies and their parents express dissatisfaction with the four rules flagged above. In their formal communication with the Principal, they contend thus: We and our children do not ascribe to the beliefs and practices of the Progressives, although we respect this religion. As indicated in the admission forms, we are members of the Waamini religion. We believe in our fore-parents and the teachings that they instilled in us. Regrettably our beliefs and practices prohibit us from embracing rules 3 and 4 of the Rules and Regulations of Great Kenya. We, therefore, politely request that our children be exempted from complying with rules 3 and 4 in particular.

You are the regional legal advisor of Progressives Africa. The Principal forwards the letter from the concerned parents and learners to you. She requests you to robustly respond to it on behalf of the institution and the religious order. "We must protect and preserve the basic tenets of our faith", she underlines.

(a) Prepare your draft legal response (10 points).

(b) You are a well-known legal practitioner, based in Eldama Ravine. Your areas of expertise are Evidence Law and Constitutional Litigation. The concerned parents and learners share the communication on (a) above with you. "Wakili you have to protect our rights", they urge you. Prepare a considered legal reply.

(c) You are a Judge of the High Court sitting in Kabarnet. The documents in (a) and (b) constitute the pleadings, which the parties have filed before court in support of their respective positions. Counsels have also submitted orally. Set out your reasoned judgement for delivery on 24 January 2024. (10 points).