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 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.

Former Law Society of Kenya President Nelson Havi has attacked KNUT and KUPPET officials over shift on stand on the Competency-Based Curriculum (CBC).

Havi, who described the leaders as dishonest, said that they are turning away from their previous stand where they supported the curriculum.

Havi referred to a  case by a parent Esther Ang’awa in which he acted as her Lawyer, where unions filed affidavits backing the CBC.

“Kenya National Union of Teachers (KNUT) and Kenya Union of Post Primary Education Teachers (KUPPET) officials are a dishonest lot. They filed Affidavits in Court supporting CBC,” said Havi through a tweet.

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“Today they are shouting loud that CBC is not viable and should be scrapped. Can they concede in Court?”

In the 2021 case, Havi argued that CBC led to the disruption of the basic structure of the country’s education system, violating the Basic Education Act and the Constitution.

KUPPET secretary general Akelo Misori however argued that the curriculum aligned itself with the tenets of the Constitution, Article 53 and Article 43(1)

He added that the system was flexible and well-coordinated, saying it would provide limitless opportunities for the children.

Misori further argued that the system could not be scraped off since the government was preparing itself to construct over 10,000 classrooms for the programme.

Havi’s remarks come even as there have been divisions among the education stakeholders and parents on the way forward regarding the CBC.

On Friday, Misori backed up President William Ruto’s decision to review the curriculum.

“To succeed, every education system must get the goodwill of all stakeholders including the government, teachers, learners and all sectors of society.”

With the learners expected to join junior secondary in January 2023, KNUT secretary general Collins Oyuu said they should be retained at the primary school, saying they are still young.

He added that the government should stop wasting resources building new classes, as the learners can use the already available classes in their primary schools.

On Tuesday, Ruto announced his plans to review the curriculum.

He said he will launch an Education Reform Task to assist with the reviewing.

“It will collect views from all key players in line with the constitutional demand of public participation.”

Ruto pointed out that he was aware of the fears of parents whose children are transitioning from the 8-4-4 system to the CBC system.

“I am aware of the anxieties on the twin transitions of the last 8-4-4 class and the first CBC class in January next year. I assure you there will be a solution to the matter before then.”

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.

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”.

Constitutional lawyer and Law Society of Kenya president Nelson Havi says the reintroduction of corporal punishment could be long and complex.

He says Chapter Four of the Constitution, the Bill of Rights, outlaws corporal punishment. It is a protected chapter.

The law states that every person has the right to freedom and security of the person, which includes the right not to be subjected to corporal punishment.

Havi says to amend the Bill of Rights, Kenya has to hold a referendum.

“A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment touches on… the Bill of Rights,” the Constitution states.

There are those who think the education system has refused to meet students halfway.

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Others believe the children are simply aping what they see in society, while others see it as just plain notoriety that should be met with equal measure.

Corporal punishment in school is further outlawed under the Children Act, which states that “no child offender shall be subjected to corporal punishment.”

Human rights lawyer Njoroge Kimani says the Bill of Rights applies to all laws and binds all state organs and all persons, thus outlawing corporal punishment means this extends to the school set-up.

He states that Article 53 (1) re-affirms that every child “has the right … to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour.”

The return of corporal punishment has been backed by some legislators, Cabinet secretaries, parents’ associations and teachers. However, civil rights groups have fiercely opposed it.

In the search for solutions to indiscipline, there are those who think the education system has refused to meet students halfway.

Others believe the children are simply aping what they see in society, while others see it as just plain notoriety that should be met with equal measure.

Education CS George Magoha falls in this last group. He has taken a hardline stance. Magoha thinks that the reintroduction of corporal punishment will tame indiscipline.

This school of thought, however, lacks scientific backing.In fact, there is more evidence against corporal punishment than there is in support.

Studies show corporal punishment has negative effects on children, among them aggression, antisocial behaviour, physical injury and mental health problems.

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.

The Kenya institute of curriculum development, KICD, has compiled a list of issues concerning the competency-based curriculum, CBC, which it plans to review for a smoother transition from 8-4-4.

KICD was reacting the to the concerns and complaints of parents, teachers and politicians concerning the huge demands of CBC.  

“Let us not throw the baby out with the bathwater,” KICD pled in defense of CBC.

Some of the issues that KICD has put in its review list include;

• Overburdening parents with too much work on behalf of their children. Parents have been complaining on social media platforms about the Competency-Based Curriculum saying they are being given too much work.
• The huge financial expenses that parents incur to ensure that their children are CBC compliant. KICD plans to make CBC cheaper to the parents by empowering teachers on how to use locally available resources, and where the locally available resources do not exist, the government will come in. CBC advocates the use of locally available resources to encourage innovation, originality, imagination and creativity in carrying out tasks.
• Too many books for a single child. Through CBC, most parents have been subjected to buying so many books for a single child in single subject. This has constrained parents financially, forcing them to complain. Their anger is mostly due to the many books they have been asked to buy for their children who recently started the first term of the 2021 academic calendar.
• Intensive Training of teachers for a smoother transition

“CBC is being implemented in phases to pave way for a smooth transition and to fix emerging issues,” KICD said.

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“Parents, we have heard you. We need to exercise restraint as the issues raised are being reviewed by the relevant entities, ” pledged KICD.

KICD must have been moved by the statement of the Law Society of Kenya President Nelson Havi that he will challenge CBC in court.Havi said he will be filing a petition next week challenging the CBC.

“I have heard your cries parents, guardians and teachers. The petition challenging CBC will be filed in court next week,” he said.

“The education system in Kenya should not be an expensive, inefficient and ineffective experiment with our children and their future as is our leadership.”

Some parents have expressed concerns about the expense of the new curriculum which is to replace the 8-4-4 system.