The case seeking to overturn the new education system, known as the competency-based curriculum (CBC), will be heard by judges appointed by Chief Justice Martha Koome.
High Court Judge Anthony Mrima ordered that the case be referred to the Chief Justice in order for him to appoint an uneven bench to hear the case, which he described as a “heavy constitutional issue:’ A petitioner is attempting to overturn the new curriculum and return the country to 8.4.4 system.
“This petition raises substantial and novel issues requiring consideration by an uneven number of judges, being not less than five to be assigned by the Chief Justice:’ Justice Mrima said.
He ordered that the case, filed by parent and lawyer Esther Ang’awa, be heard by the bench on December 7, 2021, for directions on hearing. The case was heard before Justice Mrima on Thursday after Ms Ang’awa requested that the Chief Justice appoint an uneven number of judges to hear the case.
In the case, Ms Ang’awa, who is represented by the Law Society of Kenya (LSK) President Nelson Havi, is urging the High Court to overturn the new education system and return to the 8-4-4 system, claiming that CBC is burdensome, costly, and confusing to students due to a lack of facilities to support the new system.
The judge has since enjoined several parties involved in the case. Kenyan private schools, the Kenya Union of Post-Primary Education Teachers (KUPPET), and the National Parents Association are among them.
The petitioner also claims that Education Cabinet Secretary George Magaha and his team’s actions to implement the new curriculum are unconstitutional and illegal.
The CBC’s national rollout began in January 2019 with Pre-Primary I and 11, as well as Grades 1, 2, and 3 in lower primary.