A Legal analysis of dress codes in institutions of higher learning: a discussion within the right to freedom of expression in Kenya

Abstract

This paper analyses the threat posed to the freedom of expression through the imposition of dress codes upon student bodies in institutions of higher learning. It brings to light the rationales and theories that revolve around dressing a particular class in a certain manner and goes further to illustrate how the American jurisdiction has dealt with the freedom of expression through dressing. The research paper then contextualizes the discussion from Hans Kelsen's pure theory of law, Durkheim's theory of evolution of society and Kenya's constitution in order to wholesomel y address the research's objectives. The dissertation is a desk-based incursion into the constitutionality of enforcing dress codes in institutions of higher learning with the threat of sanctions. From this methodology the major finding is that individuals in institutions of higher learning have already developed unique traits and as such the heterogeny of a free dressing environment would have no effect on both the delivery ofthe institutions' chartered functions and the validity ofthe university environment. The paper recommends that the dress code policy be maintained. However, the threat of punishments for non-conformity be nullified and to be demonstrated as being unconstitutional.