High Court suspends implementation of July KCSE exam pending hearing
Dr. Magare Gikenyi claimed that the introduction of the exams bypassed public participation adding that no stakeholders were involved in the process.
The High Court has suspended the Kenya National Examinations Council’s (Knec) decision to introduce a mid-year Kenya Certificate of Secondary Education (KCSE) exam.
The July examination was intended for repeat candidates seeking to improve their grades, with full repeaters sitting at least seven subjects and partial repeaters taking fewer.
More To Read
- Sheikh Khalifa reclaims top spot in Coast KCSE rankings after four years
- Kenya faces funding challenge as record number of students qualify to join universities
- KCSE 2024: National schools continue to showcase academic dominance as private schools rise
- Orphaned girl from Garissa who beat odds to score A- in KCSE aims at becoming a medical doctor
However, the court halted the process after Nakuru-based doctor Magare Gikenyi challenged the decision, arguing that it lacked public participation.
Kisii High Court Lady Justice Odera Teresa Achieng issued conservatory orders, stating that the petition met the legal threshold for temporary suspension pending further hearings.
“The application has met the threshold for granting of conservatory orders at this stage. I proceed to issue conservatory orders…to preserve the subject matter pending interpartes hearing,” Justice Achieng ruled.
Gikenyi contended that the new policy, announced by Education Cabinet Secretary Julius Migos Ogamba on January 8 and formalised by Knec on January 22, creates two categories of candidates—those with limited preparation time for the July exam and those with the usual revision period before the November exams.
He argued that this distinction is unjustified and violates constitutional provisions on equality and fair administrative action.
He further asserted that students have a legitimate expectation to sit their KCSE exams in November, as has been the norm, and that the abrupt change without consultation disadvantages repeaters and private candidates, who must fund their exams.
The shortened registration period, from January 27 to February 21, 2025, is another concern, as he argued it will disadvantage self-sponsored candidates.
Inconsistencies
Additionally, Gikenyi highlighted inconsistencies between the Ministry of Education and KNEC, where the Education CS suggested the July exam was optional, but Knec’s guidelines mandate it for adult repeat candidates.
He warned that this confusion and the shortened preparation period could have long-term negative effects on students’ education and career prospects.
The petition also points to Kenya’s ongoing economic challenges, arguing that requiring repeat and private candidates to fund their exams worsens existing inequalities in access to education.
It notes that many of these candidates are already facing financial difficulties, and the current economic downturn, coupled with high taxation, has only added to their burden. Instead of addressing these hardships, the petition argues, the authorities have introduced a policy that further disadvantages learners.
"Currently, Kenya's economy is struggling and as a result, the same has caused a lot of financial strain and pushed taxation beyond the majority of Kenyans. However, instead of respondents doing the right thing, they have further punished the Kenyan learners with this unconstitutional administrative decision," he said.
The petition came just days after Knec opened registration for the mid-year exam.
The court ruled it would hear the matter in full before making a final determination.
Top Stories Today
