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Court declines to halt CBC implementation

pd.co.ke 09/28/2021

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Education CS George Magoha witnesses CBC assessment tests at Joytown School for the Physically Disabled in Thika recently. Photo/File

The High Court yesterday declined to grant orders suspending the new Competency Based Curriculum pending hearing of a case challenging its legality.

Justice Antony Mrima directed that the court will first hear applications seeking to enjoin six interested parties including John Diro, Kenya Private Schools, Kenya Primary Schools Headteachers Association, Katiba Institute, Kenya Union of Post Primary Education Teachers and Kenya National Parents Association before making any orders in the case filed by a city lawyer.

In her petition, lawyer Esther Ang’awa, a parent, through the Law Society of Kenya President Nelson Havi, wants the court to bar the government from further implementation of CBC pending the hearing and determination of her case

“In the interest of justice, application by the proposed interested parties in this case shall be heard and determined first.

The interested parties are directed to file and serve all parties with their pleadings before close of business on September 29,” Mrima stated.

The court, however, granted all the Respondents including Education Cabinet Secretary George Magoha and his Interior counterpart Fred Matiang’i, Kenya Institute of Curriculum Development, Kenya National Examinations Council, Teachers Service Commission, Kenya National Union of Teachers and the National Assembly 45 days to file and serve Havi with their responses in the main petition challenging CBC.  

Mrima’s directives came after Magoha, through his lawyer Phillip Murgor, urged the court to be given 60 days to file a comprehensive reply to the main petition by Ang’awa, which has 1,700 pages. 

Murgor said the CS faces serious allegations including orders to have him removed from public office, which he needs time to respond to.

Table material

“My client seeks 60 days to put in a detailed response. The programme has been going on for three years and the order sought is to stop it. 

Magoha seeks to table material that will help the court arrive at a just decision,” said Murgor.

He added that his client needs to table evidence that he did not violate the Constitution as alleged by the petitioner. 

He, however, sought another seven days to file his responses to the request by the petitioner to have the case referred to Chief Justice Martha Koome for assignment of uneven judges to hear and determine the matter.  

In the case, Havi wants the court to suspend further implementation of CBC pending the hearing and determination of the petition challenging the same. 

“An order of injunction be issued restraining the government from further implementing CBC introduced through the basic Basic Education Curriculum Framework, 2017 and Sessional Paper 1 of 2019 on Policy Framework for Reforming Education and Training for Sustainable Development in place of the existing system and structure of basic education (8-4-4) codified under section 41 of the Basic Education Act no 14 of 2013 and the existing curriculum in respect there to,” the court papers

LSK boss further wants the court to issue conservatory orders staying further steps towards  CBC implementation in order to prevent further denial, violation or infringement of rights of children to education and free and compulsory basic education is concerned. Case will be heard on October 21.

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