The Competency-Based Curriculum (CBC) will come under serious scrutiny next week when the High Court sits to hear a case seeking to have it scrapped altogether. Former Law Society of Kenya (LSK) President Nelson Havi, who has inherited the case from the initial petitioner, has moved to court seeking to have the new education curriculum scrapped on grounds that it is burdensome, costly and confusing to learners given the scarcity of facilities to embrace the new system.

“someone tell Education Cabinet Secretary Prof George Magoha that the hearing of CBC matter is next week for three days. He is welcome to come and submit in court, in support of his position instead of continuing to mislead Kenyans on the biggest education scandal ever conceived,” Havi tweeted yesterday.

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Havi argues in court papers that hat actions by Magoha and his team to introduce the new curriculum are unconstitutional and unlawful. Judges Hedwig Ong’udi, Antony Mrima and Antony Ndung’u, who were appointed by Chief Justice Martha Koome to preside over the matter, are expected to officially commence hearing of the case challenging the legality of CBC on Tuesday, September 27.

Court proceedings are likely to coincide with the formation of a task forcto collect views on CBC and how best to implement it as directed by President William Ruto during his inauguration speech last week. In June, the judges declined to terminate the case challenging CBC, whose implementation is now in Grade Six. Allowing Havi to inherit the case from the initial petitioner Esther Ang’awa, a lawyer and a parent, Judges Ong’udi, Mrima and Ndung’u said the CBC suit raises matters of great public interest and that it will determine the well-being and future of the Kenyan child.

Judges observed that the petition challenges the authenticity of CBC, which the petitioner claims is burdensome to students and parents. Public input “The suit raises serious constitutional issues, which should be synthesised, articulated, digested and adjudicated before a determination is rendered,” they ruled. Ang’awa had argued that the government did not seek public input before introducing CBC and that teachers were also side-lined, despite being implementers.

Petitioner told the court that she has lost interest in the case and sought to have her lawyer, Havi, inherit it. In response to the petition, Magoha had asked the three judges to dismiss the petition. The CS, through Senior Counsel Philip Murgor, said the new curriculum has taken off and should not be hindered. Declining to proceed with the case, Ang’awa claimed that since she filed the suit, she had been negatively profiled. Yesterday, Kenya Secondary School Heads Association chairperson Indimuli Kahi, however, warned that it would be imprudent to scrap CBC. “In my opinion, we cannot at this point in time talk about scrapping CBC.

Asking the question whether it is working or not may not require a straight answer but what is important is of course we need to listen to what the parents are saying,” Kahi said during a TV interview. He cautioned against the formation of a task force at a time the education sector is facing a transition from primary to Junior Secondary School. He instead called for a working committee to address a few grey areas. “Putting a taskforce at this point may take a whole year and we have a transition to take. We need some kind of a working committee to address a few areas.

Maybe look at the issue of transition and a pronouncement had already been made but that does not mean it cannot be looked at,” Kahi explained. “Interpretation of any curriculum does not in any way say that the curriculum was rushed. Interpretation is interpretation, even if I have gone through training for four years and I fail to interpret how I need to deliver the knowledge to the child, it does not mean I was hurriedly prepared to teach,” he added. He also said that quality assurance will remain key in ensuring that whatever goes on happens across board so that all schools can move together.

“It will be good for this taskforce to look throughout and maybe look at the structure. Can the 2-6-3-3-3 structure be adjusted because we have done five years? And by Unesco and curriculum developers, after five years a system can easily be changed,” Kahi noted. He added: “So we are not late and we can look at the structure and adjust it but throwing away the baby with its bathwater I think it would be too expensive.”

Some of the areas Kahi said the taskforce should consider include financing of the programme, good capacity building plan, curriculum interpretation and execution, quality assurance and preparation for senior secondary among other areas. Review taskforce “What we are saying is that the curriculum is good, it is important for us to look at it. We cannot compare CBC with 8-4-4 because CBC is a pedagogical approach while 8-4-4 is a structure.

And this CBC is now being delivered in the structure of 2-6-3-3-3 and requires us to identify competencies and allow children take different pathways,” explained Kahi. Last week, Havi took on teachers’ union officials who had asked President William Ruto’s government to include them in the intended CBC review taskforce. “Akelo Misori Secretary General, Kuppet supports CBC in the petition filed against its implementation. On what basis does he demand inclusion in the task force to look into the education system and curriculum? Teachers, parents and the entire Kenyan public must call out this dishonesty,” Havi said.

Three judges have Jointly declined to terminate the case challenging the competency-based curriculum (CBC), whose implementation has reached Grade Six, as demanded by education cs George magoha.

Judges Hedwiq Ong’udi, Antony Mrima and Antony Ndung’u have allowed former Law Society of Kenya (LSK) president Nelson Havi to inherit the case, arguing that the CBC suit raises matters of great public interest.

According to the judges, the suit will determine the well-being and future of the Kenyan child. The court observed that the petition challenges the authenticity of the CBC education system, which the petitioner claims is burdensome to students and parents.

“The suit raises serious constitutional issues, which should be synthesised, articulated, digested and adjudicated before a determination is rendered,” they ruled.

Further, the judges noted that the suits raises serious issues that touch on the core of the education system. The initial petitioner, Esther Ang’awa, a parent and an advocate, maintained that the government did not seek public input before folding up the 8:4:4 system. Additionally, that teachers were also side-lined, despite being the implementers. Ang’awa told court she has lost interest in the case and sought to have her lawyer, Mr Havi, inherit it.

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Initially, Education Cabinet Secretary George Magoha had asked the three judges to dismiss the petition. The CS, through Senior Counsel Philip Murgor, said the new curriculum has taken off and should not be hindered.

Murgor urged the three judges to dismiss the suit as the aggrieved parent, Ms Ang’awa, had lost interest in the case. He further opposed her replacement by Mr Havi.

The curriculum was introduced six years ago. Speaking on Madaraka Day, President Uhuru Kenyatta said nothing will stop its roll-out. Already, the government is preparing to roll out junior secondary school next year January.

Declining to proceed with the case, Ms Ang’awa claimed that since she filed the suit last year, the state and government agencies have been negatively profiling her.

“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 Mr Havi.

“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.”

Ang’awa named Prof Magoha, the Kenya Institute of Curriculum Development, the Kenya national Examination Council, the Teachers Service Commission, the Kenya National Union of Teachers and the Kenya Union of Post-Primary Education Teachers, the National Assembly, and Interior CS Fred Matiang’i as respondents. Others named as interested parties are Kenya Private Schools Association, the Kenya Primary Schools Heads Association, and the Kenya 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,” said Mr Havi.

A high court judge, justice Antony Mrima, has declared that the CBC petition by lawyer Esther Ang’awa raises substantial and novel issues requiring consideration.

“This petition raises substantial and novel issues requiring consideration by an uneven number of judges, being not less than five to be assigned by the Chief Justice,” Justice Mrima said.

Mrima directed the case to be placed before the CJ to appoint an uneven bench to decide the matter which he said raises weighty constitutional issue.

The case seeking to quash the new education system, the competency-based curriculum (CBC), will be heard by judges to be appointed by Chief Justice Martha Koome.

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Mrima directed the case to be mentioned before the bench on 7^th December, 2021 for directions on hearing.

The case was mentioned before Justice Mrima on Yesterday after Ang’awa sought to have uneven number of judges appointed by the Chief Justice to adjudicate the case.

In the case, Ang’awa, who is being represented by LSK President Nelson Havi, is urging the High Court to quash the new education system and revert to the 8-4-4 one, saying CBC is burdensome, costly and confusing learners given the scarcity of facilities to embrace the new system.

The judge has since enjoined several interested parties in the case. They include Kenyan private schools, the Kenya Union of Post-Primary Education Teachers and the National Parents Association.

The petitioner also argues that actions by Education Cabinet Secretary George Magoha and his team to introduce the new curriculum are unconstitutional and unlawful.