Havi Swears To Challenge CBC In Court

Tomorrow’s CBC Petitioner Hearing in Limbo as Petition opts to Pull out

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”.

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