The Kenya National Examination Council’s (KNEC) plan to grant a second chance to Kenya Certificate of Secondary Education (KCSE) examination candidates has hit a roadblock.
This comes after Nakuru-based doctor Magare Gikenyi filed a petition seeking to stop its introduction on Wednesday, January 29, at the High Court in Kisii.
In his petition, Dr. Magare argued that the planned examination unfairly impacted the students and undermined the examination’s integrity.
He also stated that the planned mid-year series would violate students’ rights, stating, “The actions of the respondents are against the international instrument of the Convention on the Rights of the Child based on four fundamental principles.”
He outlined these as the right to equal treatment without discrimination on grounds of gender, origin or nationality, language, religion, or skin colour.
Furthermore, he stated that the directive contravened their rights to respect for their best interests, their right to life and development, and their right to be heard and participate.
“If this honourable court does not stop the illegal actions and omissions committed by the respondents, then the outlined constitutional violations will continue, undermining the rule of law and principles of good governance,” he proclaimed in his petition.
He further claimed that no proper stakeholder involvement had been conducted, despite the Ministry of Education stating the contrary.
“Despite the respondents insinuating involvement of various stakeholders and public participation, no evidence of stakeholders and/or public participation was ever undertaken. The decision was whimsical, ‘which just dropped from the blues/sky’,” he added.
The doctor also took issue with the government issuing contradictory statements on the eligibility of the students who sat for the July KCSE examination.
"Despite the 3rd & 4th respondent (CS Education) stating during the release of KCSE results on 8th January 2025 that “Adult candidates MAY also consider registering for the July KCSE series examination”, the 1st-2nd respondent in its guidelines stated “All repeaters and private candidates MUST register for the July series and not the November KCSE examination series, essentially giving conflicting guidelines(‘MAY’ vs ‘MUST’)," stated.
The petition mentioned the KNEC as the first respondent, KNEC Chief Executive Officer (CEO) Dr David Njengere as the second, the CS for the Ministry of Education as the third, and CS Julius Ogamba as the fourth. The attorney general concluded the respondents list.
Lady Justice Odera Theresa Achieng ultimately certified the petition as urgent and ordered the affidavit to be served on February 12. The respondents will be served on January 30.
They will then be expected to file responses within seven days of being served with the motion.
The petition comes just two days after registration for the July examination started.
