Kenyan Parents will have to be patient concerning the fate of the Competency-Based Curriculum (CBC) ahead of the January 2023 double intake of Grade Six learners and Form One learners to secondary schools.

This follows the postponement of the planned hearing of a case filed by Ms Esther Ang’awa by the High Court in Nairobi. The case by Ang’awa, a parent and a lawyer, was challenging the rollout CBC and its implementation, submitting that it is too expensive for parents.

The case was set for hearing by a three-judge bench between Tuesday 27 to Thursday 29 at the Constitutional and Human Rights Division of the High Court in Milimani.

According to the Judiciary, the judges appointed by the Chief Justice in December last year to determine the matter are away on official duty. The Judges are; justices Hedwig Ongundi, Anthony Mrima and Anthony Ndung’u.

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“Take notice that the hearing of petition of the bench matter petition E371 of 2022 (Esther Awuor Adero Ang’awa Vs Cabinet Secretary responsible for matters relating to basic education) will not proceed as scheduled as the judges will be away on official duties,” read the notice from the deputy registrar court of the high court.

“We advise that the matter will be mentioned on November 22, 2022. We highly regret the inconveniences caused.”

Ms Ang’awa withdrew her name from the suit, claiming she had been negatively profiled by the government. The suit is now being prosecuted by her lawyer Nelson Havi, former Law Society of Kenya president.

She filed the suit in September 2021, challenging the replacement of the 8-4-4 education system with CBC. She sought the scrapping of the CBC and its implementation.

Given the immense public interest generated by the petition, seven parties showed interest in joining the legal proceedings but only five were allowed by court.

They were the Kenya National Union of Teachers (Knut), the Kenya Primary Schools Head Teachers Association (Kepsha), the Kenya Union of Post Primary Education Teachers (Kuppet), the National Parents Association (NPA) and the Katiba Institute.

Those rejected were rights lobby group Shadrack Wambui na Sheria Mtaani and Mr John Diro, a parent who sponsors the education of children across Kenya.

In the suit, Ms Ang’awa argued that the new system was rolled out without prior preparations and consultations, and that its implementation will harm children’s future. The government has denied the allegations and wants the lawsuit dismissed.

Ms Ang’awa, the parent of a child who was in Grade Three, said that CBC is financially burdensome for students and parents and has economic implications for learners, parents and caregivers.

She argued that its introduction was undertaken in an opaque manner and is shrouded in confusion because the government failed to consult and involve all stakeholders.

She also says CBC is discriminatory and contravenes the rights of children to education and free and compulsory basic education.

She urged the court to declare CBC inapplicable in the basic education of children.

She also questioned the training style under CBC. She explained that the new curriculum is based on vocational education and training approaches conceptualised for specific use in training adults in vocational skills.

The lawyer also said CBC imposes the economic burden of procuring course books, learning materials and curriculum designs on children, teachers, parents and caregivers.

“There is a wide public outcry about the manner in which the CBC has been imported from other countries (where it has failed) and implemented in Kenya without due process. The Ministry of Education has infringed the rights of children to basic education,” she said.

She urged the court to stop the ministry from further implementing CBC on the grounds that the rollout violates the Basic Education Act of 2013 and the Kenya Institute of Curriculum Development (KICD) Act of 2013.

The case challenging the competency-based curriculum CBC, which is set for hearing tomorrow, may not proceed as planned. This after the lawyer cum parent who sued the government seeking to quash the continued implementation of the Competency Based Curriculum (CBC), is no longer interested in pursuing the case and has opted to pull out.

Esther Ang’awa, an advocate of the court, sought to be replaced in the petition by her lawyer Nelson Havi. She revealed that the state and government agencies have negatively profiled her for the move.

“Esther Ang’awa has informed me that she is not interested in the pursuit of the petition for the reason that she has been negatively profiled by the State and governmental agencies and that the continuation of the petition in her name has and will prejudice her and the education of her child,” said Havi.

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“In view of the above, I verily believe that it is just and proper that Esther Ang’awa be substituted with myself as the petitioner in order that I may continue with the petition in my name, in terms of my undertaking to the members of the public affected by the subject matter therein,” added Havi.

On his part, Education Cabinet Secretary George Magoha wants three High Court judges to dismiss the petition, arguing that the new curriculum has taken off and should not be hindered. Magoha further feels that because Ang’awa has lost interest in the case, there is no need to proceed with it.

“The petitioner is not interested in the pursuit of the petition,” said Senior Counsel Philip Murgor on behalf of CS Magoha.

Magoha has strongly opposed substituting Ang’awa with former Law Society of Kenya president to pursue the case.

Havi however defended himself, arguing that millions of schoolchildren and their parents are affected by the new education system, which he said is burdensome and affects the rights of the children. He said the respondents will suffer no prejudice if he takes over the litigation, which seeks to return Kenya to the 8-4-4 system.

The petitioner has complained that the CBC is burdensome and costly and is confusing learners given the scarcity of facilities for the new system. The petitioner also argues that introducing the new curriculum is unconstitutional and unlawful.

In the suit, Ang’awa included Prof Magoha, the Kenya Institute of Curriculum Development(KICD), the Kenya National Examinations Council (Knec), the Teachers Service Commission (TSC), teachers unions Knut and Kuppet, the National Assembly, and Interior CS Fred Matiangi as respondents.

interested parties in the petition are the Kenya Private Schools Association (KPSA), the Kenya Primary Schools Heads Association (Kepsha) and the Kenya National Parents Association.

Havi argues that “the actions of the first to the fourth 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”.