CJ Koome Decides way for CBC Implementation Case
Chief Justice Martha Koome has ruled in a case challenging the implementation of the Competency-Based Curriculum (CBC) in the education system.
The CJ appointed a three-judge bench to hear the case after it was established that the petitioner raised pertinent questions, according to a statement released on Tuesday, December 7.
Justices Hedwig Ongudi, Anthony Ndungu, and Anthony Mrima will serve on the bench.
The case will be heard by a three-judge panel after a parent, Esther Ang’awa, requested that the new system’s implementation be halted.
The case was sent to CJ Koome’s desk close to the end of November, with the request that she appoint an uneven number of judges to decide it.
Initially, the case was handled by Justice Mrima, who determined that Ang’awa raised pertinent issues that necessitated the involvement of multiple judges.
“This petition raises substantial and novel issues requiring consideration by an uneven number of judges, being not less than 5 to be assigned by the Chief Justice,” Mrima stated.
Ang’awa claimed that the use of CBC to replace the 8-4-4 system was unconstitutional and illegal. Prof George Magoha, the Education Cabinet Secretary, was named as a respondent in the case.
Other interested parties, including the Kenya Private Schools Association, Kenya Primary School Head Teacher Association, Kenya Union of Post Primary Education Teachers (KUPPET), and the National Parents Association, were enjoined by the judge.
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“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,” he stated.
In the main petition challenging CBC, the respondents include CSs Magoha and Matiang’i, the Kenya Institute of Curriculum Development, the Kenya National Examination Council, the Teachers Service Commission, the Kenya National Union of Teachers, and the National Assembly.
Nelson Havi, President of the Law Society of Kenya, has also been enjoined in the case seeking to have CBC quashed.