Petition filed to stop Competency Based Curriculum roll-out

A petition has been filed in court challenging roll out of the Competency Based Curriculum (CBC) to replace the 8-4-4 education system.

Through Advocate Nelson Havi, the petitioner; lawyer Esther Awour Adero argues that the action by the Education Ministry to implement the new curriculum is unlawful and prejudicial to the future of the children of Kenya and ought to be halted.

The petitioner is seeking interim orders stopping the CBC pending hearing and determination of the case, adding that this will prevent a further denial and violation and infringement of the rights of children to education and free and compulsory basic education by the government.

In an affidavit, Havi submits that there is wide public outcry in the manner in which the CBC curriculum has been imported from other jurisdictions without due process of the laws applied in basic education.

He argues that in the absence of all stakeholders’ involvement, children are forced to make career choices before acquiring knowledge and general learning necessary to inform selection of pathways in education and training when they lack the capacity to do so.

“An order of injunction be and is hereby made restraining the government-Ministry of Education from further implementing the CBC in place of the existing 8-4-4 system,” reads court documents.


Havi argues that the Ministry of Education has rolled out a curriculum for basic education purporting to phase out and replace the 8-4-4 system  through sessional papers and policy instead of legislation. “There’s no identifiable document or instrument upon which the CBC curriculum can be traced as one developed in the manner set out in section 73 and 74 of the Basic Education Act NO. 14 2013 as read together with section 4 of the KICD Act No.4 OF 2013,” argues Havi

He further claims that the government has undertaken the unlawful action enumerated by publishing learning materials without any curriculum having been developed in accordance with the constitution.

It his argument that the CBC curriculum has sought to impose an economic burden of procuring courses books, learning material among other school items.

Cabinet Secretary for matters relating to Basic Education, Kenya Institute of Curriculum Development (KICD), Kenya National Examinations Council, Teachers Service Commission, Kenya National Union of Teachers, National Assembly, Dr. Fred Matiang’i and Prof. George Magoha have been listed as respondents in the case.

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