Education Cabinet Secretary Migos Ogamba has revealed that the Ministry will be appealing the High Court's decision to halt the Mid-Year Kenya Certificate of Secondary Education (KCSE) examinations.
The Ministry disclosed that it has instructed its legal team to begin the process of appealing the petition.
According to Ogamba, the mid-year exams are crucial as they aim to provide students who did not succeed earlier with another opportunity.
"As a government, we are determined to ensure the mid-year exams are administered for the benefit of the students. At the moment, our lawyers need to examine the basis of the conservatory order and respond accordingly," Ogamba explained.
The CS informed that they would look into the issue to ensure no rights are violated and proceed with the appeal.
The Kenya National Examinations Council (KNEC) announced it would be issuing mid-year exams to students in July, offering candidates who wished to improve their grades a second chance.
The announcement was swiftly hindered after a petition was filed against KNEC by Nakuru-based doctor Magare Gikenyi, who argued that the planned examination unfairly impacted students and undermined the integrity of the exam.
In her ruling on Wednesday, Kisii High Court Lady Justice Odera Achieng stated that the petition met the threshold for issuing conservatory orders.
The petitioner claimed that the mid-year retakes contravened candidates' rights to respect, their best interests, the right to life and development, and their right to be heard and participate.
He further claimed that no proper stakeholder involvement had been conducted, despite the Ministry of Education stating the opposite.
Ogamba's pronouncements came hours after Education PS Belio Kipsang stated that the government would comply with the court order and revert the exams to November. Kipsang said that candidates registered for the July series could potentially sit for the November KCSE examinations if the court fails to lift the prevailing orders.
Apart from students who wanted to retake the exams, the July exams were also intended to consider adult candidates and those who had taken the exams years earlier.
