Education Cabinet Secretary Dr Fred Matiang'i and the Kenya National Examination Council (KCSE) chairman George Magoha have been sued by a 2017 KCSE candidate who was awarded grade D+.
The former student at Mvindeni Secondary School in Kwale County filed a petition at the Mombasa High Court.
The petition filed by the student wants the respondents; the Education Ministry and KNEC, to be compelled to supply his marked scripts from the previous examinations.
“The petitioner is a very bright student and after repeating the 2016 examination he has more than doubled his efforts and was expecting not less than a B+ in his 2017 examination results,” noted Ms Lucy Momanyi, the lawyer representing the student.
[caption caption="President Uhuru Kenyatta receiving KCSE results from Education CS Fred Matiang'i at State House"]
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Ms Momanyi added that the student was capable of scoring a B+.
Being his second time to sit for the KCSE examinations, having scored a C- (minus) in 2016, the student argued that without a court order, the KNEC would not agree to re-mark his papers within the timelines set out.
The student also sued the Attorney General Githu Muigai, the Mvindeni Secondary School Principal and Kwale County Director of Education.
“Without clear legal framework providing for re-marking, the petitioner is apprehensive that his constitutional rights stand to be infringed upon,” the petition poses in part.
Mombasa High Court Justice Njoki Mwangi has already directed the petitioner to serve the respondents with the suit papers.
According to the High Court, the case will be heard on Wednesday, January 17.
[caption caption="Education Cabinet Secretary Fred Matiang'i and KNEC chairman George Magoha"]
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Last years' KCSE results saw a massive failure of the candidates, especially boys, prompting calls to have the papers remarked.
A section of legislators also argued that the Ministry of Education hurriedly marked the examinations leading to the poor performance.
