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High Court Postpones CBC Case Hearing

High Court Postpones CBC Case Hearing

Parents won’t know the fate of the Competency-Based Curriculum (CBC) ahead of the junior high school transition.

The High Court in Nairobi postponed a case filed by Ms. Esther Ang’awa, a parent and lawyer, challenging the implementation of CBC. She argues that CBC is too expensive for parents.

The Judiciary said the judges designated by the Chief Justice in December to decide the case are on official duty.

Hedwig Ongundi, Anthony Mrima, and Anthony Ndung’u compose the judge bench.

Ms. Ang’awa withdrew from the complaint in which she wanted CBC scrapped, claiming she was negatively profiled.

Nelson Havi, former Law Society of Kenya president, is now prosecuting the case.

Given the petition’s popularity, seven parties wanted to join the case, but only five were allowed.

Kenya National Union of Teachers, Kenya Primary Schools Head Teachers Association, Kenya Union of Post Primary Education Teachers, National Parents Association, and Katiba Institute.

Shadrack Wambui na Sheria Mtaani and John Diro, a Kenyan child-sponsor, were refused.

Ms. Ang’awa contended in the lawsuit that the new system was implemented without prior preparations and consultations and will impair children’s future.

Ms. Ang’awa, a mom of a grade three pupil, stated that the government neglected to consult and involve all stakeholders, making its launch opaque and confusing.

She claims CBC is discriminatory and violates children’s rights to free and obligatory basic education.

She asked the court to halt the ministry from implementing CBC because it contradicts the 2013 Basic Education Act and the 2013 Kenya Institute of Curriculum Development Act.

CBC was launched before the ministry prepared regulations and guidelines, which were intended to be authorized by the National Assembly.

Under the Basic Education Act of 2013 and the Kenya Institute of Curriculum Development Act of 2013, the Education Cabinet Secretary must draft guidelines for National Assembly approval.

George Magoha questioned the court case through lawyer Phillip Murgor.

The lawyer said it’s hard to understand the parent’s complaint since CBC was introduced five years ago.

According to him, the petition is late and the court shouldn’t reverse the CBC’s implementation because some parents and guardians don’t like it.

President William Ruto announced he will appoint a task committee to study the new curriculum, delaying the case hearing.

He said the committee will seek public input on curricular topics to be evaluated while court processes assess its validity.

High Court Postpones CBC Case Hearing


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