The case challenging the legality of the Competency-Based Curriculum (CBC) has finally reached Chief Justice Martha Koome's desk.
The High Court on Thursday, November 25, referred the CBC case to CJ Koome who has been directed to appoint an uneven bench to hear and determine the case seeking to quash the new syllabus.
Justice Anthony Mrima directed the file to Koome to appoint not less than five judges to hear and determine the case which he said raises substantial issues.
"This petition raises substantial and novel issues requiring consideration by an uneven number of judges, being not less than 5 to be assigned by the Chief Justice," Mrima stated.
The judge further directed the case to be mentioned before the bench that will be constituted by Koome be heard on December 7, 2021. The case was filed by a parent Esther Ang'awa who is also a lawyer.
During the virtual hearing of the case, Judge Mrima gave directions in line with what Ang'awa had requested in regard to the appointment of the judges to adjudicate the case.
Ang'awa argued that the introduction of CBC to replace the 8-4-4 system was unconstitutional and unlawful. She listed Education Cabinet Secretary Prof George Magoha as a respondent in the case.
The judge enjoined other interested parties including, Kenya Private Schools Association, Kenya primary school head teacher association, Kenya Union of Post Primary Education Teachers (KUPPET), and the National Parents Association.
"That the actions of the first to the four respondents as set out in the petition are manifestly unconstitutional and unlawful, are prejudicial to the future of the children of Kenya and ought to be halted pending the determination of the questions raised in the petition," he stated.
Those listed as the respondents in the case include CSs Magoha, Matiang'i, Kenya Institute of Curriculum Development, Kenya National Examination Council, Teachers Service Commission, Kenya National Union of Teachers, the National Assembly in the main petition challenging CBC.
"An order of injunction be issued restraining the government from further implementing the Kenya competence-based Curriculum introduced through the basic Basic Education Curriculum Framework,2017 and Sessional Paper 1 of 2019 on Policy Framework for Reforming Education and Training for Sustainable Development in place of the existing system and structure of basic education (8-4-4) codified under section 41 of the Basic Education Act no 14 of 2013 and the existing curriculum in respect thereto," read the court papers in part.
Law Society of Kenya President Nelson Havi is also enjoined in the case seeking to have CBC quashed.
