- Judges Hedwig Ongundi, Antony Mrima and Antony Ndung'u on Thursday said they were satisfied that a shift to CBC is necessary to ensure that necessary skills are given to learners.
- On the interest of the children, the bench said granting the orders sought would cause disorder in the education system.
Image: The Star
A three-judge bench has declined to stop the rollout of the Competency-Based Curriculum(CBC) which replaced the 8-4-4 education system.
The judges have, however, ordered the Education CS to amend the education laws to align with the structure of CBC in 120 days.
They have also directed the Ministry of Education to set up a committee for the implementation of the report on CBC.
Judges Hedwig Ongundi, Antony Mrima and Antony Ndung'u on Thursday said they were satisfied that a shift to CBC is necessary to ensure that necessary skills are given to learners.
While dismissing the petition filed by lawyer Nelson Havi, the bench ruled that he had not proved his case.
"It is evident that the Competency-Based Curriculum has already been rolled out the teachers have undergone training, and the government has already set out finances for the implementation. Stopping implementation will cause havoc in the education system," the judges said.
They added that it would offend the right to education and it would be against public interest.
On the interest of the children, the bench said granting the orders sought would cause disorder in the education system.
"There was serious engagement including the education system, faith-based organisations, the public, and key stakeholders and therefore the exercise achieved legal public participation thereby dismissing the allegations by lawyer Nelson Havi that there was no public participation," the court noted.
"The best interest of the child is paramount consideration a court must do everything to preserve the rights of the minor."
The court decided that scrapping CBC would lead to loss of job employment and a waste of public and taxpayer money that has already been used in rolling it out.
"What will be the results of nullifying the CBC...will it be in the best interest of the child to make him forget what he has learnt to learn something else?" Court asked.
The case was filed in 2021. The initial petitioner in the matter was Esther Ang'awa also an advocate of the High Court but she opted out of the matter on claims that she had been profiled by the state. Her name was substituted with that of Havi.
Documents before the court were subsequently amended to indicate Havi as the petitioner.
The national rollout of the Competency-Based Curriculum started in January 2019 at Pre-Primary I and II and Grades 1, 2 and 3 in lower primary.
The 2-6-3-3-3 curriculum was billed as the ultimate game changer in the country’s education as it seeks to plug gaps noted under the 8-4-4 system of rote learning.
However, the government was faulted for failing to demonstrate that it initiated and conducted research to inform the national government of the CBC curriculum among other things.