The High Court has allowed an application to have the name of former Education Cabinet Secretary Professor George Magoha withdrawn from a case challenging the rollout of the Competence Based Curriculum (CBC).
The application was made by advocate Nelson Havi, the petitioner in the case after Senior Counsel Philip Murgor said the suit against Magoha should be dismissed following his death a year ago.
Murgor has been representing the deceased in the case listed as the eighth respondent.
"It's been a year since he died. There has been no substitution. The suit against him should stand dismissed," Murgor said.
The counsel told Justices Hedwig Ongundi, John Chigiti and Antony Ndung'u that they expected the petition would have been withdrawn once the task force was appointed by President William Ruto in September 2022.
However, the matter is still pending in court with the Attorney General's office yet to comply with directions requiring it to present the task force report in court.
Ruto appointed a task force to evaluate the CBC in the country and recommended appropriate reforms to other sectors of Kenya's education.
When the matter came up on Wednesday, the AG said they were yet to file the report and requested seven more days.
Other parties in the matter including the Teachers Service Commission supported the AG's request saying the court would benefit from the said report.
The matter was subsequently pushed to February 15. It will be mentioned on that date to confirm compliance.