KNEC sued over 2023 KCSE exam results

A community-based organisation has sued the Kenya National Examination Council (KNEC) over the integrity and credibility of the 2023 KCSE results.

In the petition filed at the Milimani Law Courts in Nairobi, Operation Linda Jamii is accusing Education Cabinet Secretary Ezekiel Machogu of unilaterally altering the KCSE grading system and contravening Section 10 of the KNEC Act of 2023 that gives the council the exclusive power to regulate the grading system of national examinations.

The petitioner further argues that the lack of public participation prior to the rolling out of the new system violated Article 10 of the Constitution of Kenya which touches on national values and the principles of governance.

Operation Linda Jamii points out that while the Ministry of Education indicated the reasons for changing the system to allow more direct entries into universities, the number of candidates that secured direct placement under the new system dropped to 58.27% from 59.14% recorded in 2022.

KNEC, listed as the first respondent, was also fingered for releasing provisional results on its portal, with the petitioner arguing that the KNEC Act of 2012 does not envision the release of results in a provisional state.

The council was also accused of lacking accountability and transparency in computing the final results of KCSE examinations, citing the case of Oruba Boys Secondary School in Migori County where all the candidates that posted a mean grade of D plain had a deviation of 1 to 2 points.

Operation Linda Jamii is now seeking conservatory orders to halt the placement of students by the Kenya Universities and Colleges Central Placement Service (KUCCPS), arguing that the integrity and credibility of the KCSE 2023 is still in question.

It is also seeking orders to compel KNEC to furnish the court with marking reports of all subjects examined under KCSE 2023, chief invigilators’ reports from all the examination centres as well as other orders that the court will deem fit to grant in the interest of justice.

KNEC and the Ministry of Education are expected to file their responses within 14 days from the date of service.

The Kenya Universities and Colleges Central Placement Service has also been enjoined as an interested party.