The Kenya National Examination Council (KNEC) has encountered legal hurdles in its plan to introduce a second chance for Kenya Certificate of Secondary Education (KCSE) candidates.
On Wednesday, January 29, Nakuru-based doctor Magare Gikenyi filed a petition at the High Court in Kisii, seeking to halt the introduction of the mid-year KCSE exams.
In his petition, Dr. Magare argued that the new examination arrangement was unfair to students and compromised the integrity of national exams. He claimed that the mid-year KCSE series would violate students’ rights, stating, “The respondents’ actions go against the international Convention on the Rights of the Child, which is based on four fundamental principles.”
According to him, the planned examination contradicts key principles, including the right to equal treatment without discrimination based on gender, origin, nationality, language, religion, or skin color. He further pointed out that the directive disregards students’ best interests, their right to life and development, and their right to express their views and be heard.
“If this honorable court does not intervene to stop these illegal actions by the respondents, these constitutional violations will persist, weakening the rule of law and undermining principles of good governance,” Dr. Magare stated in his petition.
Lack of Public Participation
The petitioner also accused the government of failing to involve key stakeholders in the decision-making process. While the Ministry of Education had claimed there was public participation, Dr. Magare insisted there was no evidence to support this claim.
“Despite the respondents suggesting that consultations were done, there is no proof that stakeholders or the public were engaged. This decision was made arbitrarily and imposed without proper input from those affected,” he argued.
Conflicting Government Statements
Dr. Magare also took issue with contradictory statements from government officials regarding eligibility for the mid-year KCSE exams.
He pointed out that during the release of KCSE results on January 8, 2025, the Education Cabinet Secretary (CS) stated that “adult candidates MAY consider registering for the July KCSE series.” However, KNEC later issued guidelines stating that “all repeaters and private candidates MUST register for the July series and not the November KCSE exams.”
According to him, this contradiction created confusion and uncertainty for students planning to retake their exams.
Who Is Being Sued?
The petition lists multiple respondents, including:
- The Kenya National Examination Council (KNEC) as the first respondent
- KNEC CEO Dr. David Njengere as the second respondent
- The Education Cabinet Secretary as the third respondent
- CS Julius Ogamba as the fourth respondent
- The Attorney General as the final respondent
This lawsuit was filed just two days after KNEC officially opened the registration for the July KCSE exams. The case could potentially delay or block the implementation of the new exam schedule, depending on the court’s ruling.
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