The Kenya National Examinations Council (KNEC) has encountered a setback in its plan to hold a mid-year series for the Kenya Certificate of Secondary Education (KCSE) exams.
The High Court has temporarily suspended this decision, putting a hold on KNEC’s plans for the retake exams.
KNEC had previously announced the mid-year exams, offering a second opportunity for students who wanted to improve their results from last year’s exams. However, the court’s ruling has paused these plans for now.
In a ruling delivered on January 29, Kisii High Court Lady Justice Odera Teresa Achieng stated that the petition filed by Nakuru-based doctor Magare Gikenyi met the necessary criteria for issuing a temporary halt to KNEC’s plans.
Justice Odera granted the conservatory orders, which will prevent the mid-year exams from proceeding until further legal review.
The petition by Dr. Gikenyi raised concerns that the mid-year exams could harm the integrity of the national exams.
He argued that offering retakes in July would violate the rights of students by undermining their best interests, as well as infringing on their constitutional rights to life, development, and the opportunity to be heard.
Dr. Gikenyi further stated that if the court did not intervene, the constitutional breaches would continue, disrupting the rule of law and governance principles. He sought to prevent the execution of what he called “illegal actions” by KNEC.
Lady Justice Odera classified the petition as urgent, and a hearing will take place soon. She ordered that the affidavit related to the case be served on February 12. KNEC, which is one of the respondents in the petition, was expected to receive the affidavit by January 30.
This ruling is a significant challenge for KNEC, which had already begun the registration process for the repeat exams.
KNEC had planned to divide the candidates into two groups: full repeaters, who would take exams for seven or more subjects, and partial repeaters, who would take fewer than seven subjects.
Additionally, at least 840 students whose results were annulled due to examination malpractice were given an opportunity to retake the exams in the mid-year series.
Also, 712,537 students who did not achieve the required grade of C+ in the 2024 KCSE were eligible to register for the retakes.
This court decision brings uncertainty to KNEC’s efforts and puts the future of the mid-year exam series in question.
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