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Case Challenging Legality of CBC to be heard on the 27th of September

A court case challenging the legality of the Competency-Based Curriculum (CBC) is scheduled for hearing next week on the 27th of September.

Former Law Society of Kenya (LSK) president Nelson Havi who took over the case from the initial petitioner has revealed that he is prepared to thwart the outgoing Cabinet Secretary for Education’s efforts to ensure that the new curriculum continues to exist in Kenyan schools.

“Someone tell Education Cabinet Secretary Prof George Magoha that the hearing of the CBC is next week and shall be held in three days. He is welcome to come and submit in Court, in support of his position instead of continuing to mislead Kenyans on the biggest education scandal ever conceived,” said Havi.

In the last week, the former LSK president also had a go on officials of teachers’ unions who had called on President William Ruto’s government to include them in the CBC review taskforce.

His Excellency William Ruto had promised to form a team that shall collect public views, informing areas that should be reviewed in the new curriculum.

“Akelo Misori SG, KUPPET supports CBC in the petition filed against its implementation. On what basis does he demand inclusion in the task force to look into the Education System and Curriculum? Teachers, Parents and the entire Kenyan public must call out this dishonesty,” said Nelson Havi.

Three judges declined to terminate the case launched to challenge the competency-based curriculum (CBC). The judge allowed Nelson Havi to inherit the case arguing that the case raises matters of great public interest.

The new curriculum’s implementation has now reached grade 6.

They said that the lawsuit will determine the future of the Kenyan child.

According to the court, the petition challenges the authenticity of the CBC education system, which the petitioner claims are burdensome to students and parents.

“The suit raises serious constitutional issues, which should be synthesized, articulated, digested and adjudicated before a determination is rendered,” ruled the judges.

Besides, the judges noted that the suit raises issues that touch on the core of the education system.

The initial petitioner, Ms Esther Ang’awa is a parent and an advocate and had argued that the government had not sought public input before folding up the 8:4:4 system.

She added that teachers were also not involved despite them being the implementers.

Ms Ang’awa informed the court she had lost interest in the case and sought to give her lawyer Mr Nelson Havi to take over.

On his part, the Cabinet Secretary for Education Prof George Magoha urged the judges to dismiss the petition.

According to the CS, the new curriculum has already taken over and should not be stopped. He communicated this through Senior Counsel Philip Murgor.

Murgor called on the judges to dismiss the suit because the aggrieved parents had lost interest in the case.

The CBC has launched in schools six years ago with former President Uhuru Kenyatta saying during the Madaraka Day celebrations that nothing would stop it.

The government is currently preparing to launch the CBC in junior secondary school next year once the selection of schools is complete.

Ms Ang’awa said that following her launching the suit last year, the state and other government agencies had begun profiling her negatively.

“Ms Ang’awa informed me that she is not interested in the pursuit of the petition for the reason that she had been negatively profiled by the state and governmental agencies and that the continuation of the petition in her name has and will prejudice her and the education of her child,” said Nelson Havi.

“In view of the above, I verily believe that it is just and proper that Esther Ang’awa be substituted with myself as the petitioner in order that I may continue with the petition in my name, in terms of my undertaking to the members of the public affected by the subject matter therein,” he added.

Ms Ang’awa mentioned the Kenya Institute of Curriculum Development (KICD), the Kenya National Examination Council (KNEC), the Teachers Service Commission (TSC), the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post-Primary Education Teachers (KUPPET), the National Assembly and the Cabinet Secretary for Interior Fred Matiang’i as the respondents.

Others who were named as interested parties are the Kenya Private Schools Association, the Kenya Primary Schools Heads Association and the Kenya National Parents Association.

“That the actions of the first to the four respondents as set out in the petition are manifestly unconstitutional and unlawful, are prejudicial to the future of the children of Kenya and ought to be halted pending the determination of the questions raised in the petition,” said Mr Havi.

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