In his suit to Kenya National examination council ,Mr Okiya omtatah argues that failure to release the marked answer sheets to both primary and secondary schools amounts to violation of fundamental rights .
October 2, 2021
He claims that it has been the tradition for Kenya Certificate of Primary Education,KCPE and Kenya Certificate of Secondary Education,KCSE answer sheets to be kept by Knec .However,he argues that the candidates who sat for the examination have every right to access the marked papers.
Teachers too have a right to access the answer sheets in order to gauge their students’ performance and facilitate school based audit of results with the aim of improving them,said Mr Okiya Omtatah
He claims that the release of the papers would enhance validity, reliability and accuracy of marks allocated and eliminate anomalies such as possibility of awarding wrong results .
“It’s in the best interest of the children that the examination results be versatile and reliable and that the process of collating and that of tallying be as credible and transparent as possible” Mr Okiya Omtatah
The activist alleges that failure to release the marked answer sheets is arbitrary and leaves the marking shrounded in secrecy,which amounts to denying candidates a fair hearing .
“The release of the answer sheets as sought will not compromise the integrity of examination or the process nor infringe on the right of anyone’s privacy so as to qualify for exemption under section 42(2) of the Knec Act ” Said Omtatah
Mr Omtatah wants the high court to compel Knec to release certified copies of all the marked answer sheets for this year’s KCSE and KCPE.
Justice John Mativo certified the case as urgent and directed that the matter be heard inter partes on priority basis on January 24.