High Court suspends KNEC decision to administer repeat KCSE exam
The High Court has suspended the decision by the Kenya National
Examinations Council (KNEC) to administer the mid-year series of the Kenya Certificate of Secondary Education (KCSE)
exam.
The July exam was set targeting
repeating candidates who wish to improve their previous grades, where they would
be categorised as full repeaters sitting seven or more subjects, or partial
repeaters sitting less than seven subjects.
The court however temporarily
halted the process after Nakuru-based doctor Magare Gikenyi filed a petition challenging the move citing a lack of public participation.
“The application has met the
threshold for granting of conservatory orders at this stage. I proceed to issue
conservatory orders…to preserve the subject matter pending interpartes hearing,”
Kisii High Court Lady Justice Odera Teresa Achieng ruled.
In his petition, Dr. Gikenyi argued that there
is no evidence to suggest that stakeholders or the public were involved in the
decision-making process.
He also contends that the guidelines have
created two categories of candidates: one group with a limited preparation
period (July) and another with a longer revision period (November).
According to Dr. Gikenyi, this distinction
lacks rational justification and violates Article 27, read together with
Articles 24, 10, 73, and 75 of the Constitution.
Further, he asserted that the KCSE exams have
historically been conducted in November, creating a legitimate expectation
among learners that if they failed, they could retake the exams.
"Changing the exam dates abruptly without
consulting affected learners, parents, and stakeholders goes against the
legitimate expectations of the candidates and their right to fair
administrative action," the petition read in part.
The petition came just three
days after KNEC announced the
opening of registration for potential candidates, from January 26 to February
21, 2025, for the mid-year exam.
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