Three Judges decline to terminate case challenging CBC. Reason given
Three judges have declined to terminate the case challenging the Competency-Based Curriculum, whose implementation has reached Grade Six.
Three judges have declined to terminate the case challenging the competency-based curriculum (CBC), whose implementation has reached Grade Six.
Allowing former Law Society of Kenya (LSK) president Nelson Havi to inherit the case, judges Hedwiq Ong’udi, Antony Mrima and Antony Ndung’u said the CBC suit raises matters of great public interest.
They said the suit will determine the well-being and future of the Kenyan child. The court observed that the petition challenges the authenticity of the CBC education system, which the petitioner claims is burdensome to students and parents.
“The suit raises serious constitutional issues, which should be synthesised, articulated, digested and adjudicated before a determination is rendered,” they ruled.
The judges further noted the suits raises serious issues that touch on the core of the education system. The initial petitioner, Ms Esther Ang’awa, a parent and an advocate, said the government did not seek public input before folding up the 8:4:4 system. She added that teachers were also side-lined, despite being the implementers. Ms Ang’awa told court she has lost interest in the case and sought to have her lawyer, Mr Havi, inherit it.
Education Cabinet Secretary George Magoha had asked the three judges to dismiss the petition. The CS, through Senior Counsel Philip Murgor, said the new curriculum has taken off and should not be hindered.
Mr Murgor urged the three judges to dismiss the suit as the aggrieved parent, Ms Ang’awa, had lost interest in the case. He further opposed her replacement by Mr Havi.
The curriculum was introduced six years ago. Speaking on Madaraka Day, President Uhuru Kenyatta said nothing will stop its roll-out. Already, the government is preparing to roll out junior secondary school next year January.