Chief Justice Koome Appoints Three Judges for CBC Case

Chief Justice Koome released a statement today the 7th of December revealed that she has appointed three judges who shall listen to the Competency-Based Curriculum (CBC) case. The CJ’s reached the decision after finding out the petitioner had raised relevant questions as pertains the CBC. The three judges who will be hearing the case are Justices Hedwig Ongudi, Anthony Mrima and Anthony Ndungu. Esther Ang’awa a parent had filed the case. The case was then forwarded to CJ Koome at the end of November asking the CJ to appoint an uneven number of judges to determine the outcome. In the beginning, Justice Mrima had been tasked with handling the case but he, in turn, determined the petitioner, Ang’awa had raised pertinent issues that necessitated several judges. Justice Mrima stated that the case should be heard by more than five judges, all of whom were to be assigned by the Chief Justice. “This petition raises substantial and novel issues that require consideration by an uneven number of judges, being not less than 5 to be assigned by the Chief Justice,” stated Mrima. Esther Ang’awa’s view is that the introduction of the CBC to replace the current 8-4-4 system was both unlawful and unconstitutional. In her case, Cabinet Secretary for Education was listed as a respondent. Other interested parties such as the Kenya Primary School Head Teacher Association, the National Parents Association, the Kenya Post-Primary Education Teachers (KUPPET) and the Kenya Private Schools Association were enjoined by the judge. Other parties listed as respondents in the case are Interior CS Fred Matiang’i, the Teachers Service Commission (TSC), the National Assembly, the Kenya National Examination Council (KNEC) and the Kenya Institute of Curriculum Development (KICD) The Law Society of Kenya’s President Nelson Havi was also enjoined in the case and is seeking the scrapping of the new curriculum.

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