Operation Linda Jamii, a community-based organisation in Kenya has sued the Kenya National Examination Council (KNEC) over the 2023 KCSE results in a case which may affect the placement of students to universities and colleges.
In its petition, the organisation questioned the credibility and integrity of KNEC in tabulating the results of the 2023 KCSE exams.
The petition, which was filed at the Milimani Law courts and certified as urgent, levels accusations against KNEC including the lack of transparency in computing results.
To support the allegations, the petitioner cited Oruba Boys High School in Migori County where all students who scored D grades had a deviation of 1-2 points.
KNEC’s decision to release provisional results was also put into question with the petitioner citing Section 12 of the KNEC Act which bars the same.
Another issue cited in the lawsuit was the changing of results downloaded from the portal, with some candidates receiving an A- on one slip and different grades on another.
Further, the organisation accused Education Cabinet Secretary Ezekiel Machogu of altering the grading system singlehandedly without consultation.
According to Operation Linda Jamii, such powers are limited to KNEC only under Section 10 of the Kenya National Examination Council Act.
The petitioner alluded that the move by Machogu contravened the Constitution as he did not involve the public while establishing the new grading system.
Despite the aim of the new grading system being to allow more students to join universities, Linda Jamii highlighted that the number of candidates who met the cut-off points for direct entry had dropped compared to the previous year.
KUCCPS was enjoined in the case as the petitioner sought conservatory orders to stop the placement of students in universities and colleges.
Similarly, the activists called on KNEC to produce marking reports of all subjects that were examined in last year's KCSE. In addition, they asked for reports from all exam chief invigilators countrywide.
KNEC and the Ministry of Education were ordered to file their responses within 14 days from the date of service. KNEC has yet to respond to Kenyans.co.ke inquiries on the case.
An official at the council decided not to comment on the matter which he argued was sub judice.
