KHRC Files Lawsuit Against KNEC over 2023 KCPE and KCSE Results Exams Audit

Kenya Human Rights Commission (KHRC) has announced that it has sued KNEC to stop national examination processes from proceeding pending the audit of the 2023 KCPE and KCSE Results. Below is a summary of the case

KHRC Files Lawsuit Against KNEC, wants 2023 exams audited

According to a petition filed At The High Court Of Kenya in Nairobi, where Kenya Human Rights Commission and Elimu Bora Working Group are the 1st Petitioner and 2nd Petitioner respectively while The Kenya National Examinations Council, The Principal Secretary, The Cabinet Secretary, Ministry Of Education And Attorney Genera are 1st, 2nd, 3rd and 4th Respondents respectively;

KHRC states that in November 2023, the Kenya National Examinations Council (KNEC), referred to as the 1st Respondent, released the results of the Kenya Certificate of Primary Education (KCPE) exams. These results faced widespread criticism due to reported irregularities, causing concern among parents and the public.

Acknowledging the irregularities on November 25, 2023, the 1st Respondent released the KCPE results without adhering to legal and constitutional obligations, raising doubts about their ability to fulfill their mandated responsibilities.

The questionable handling of the KCPE results by the 1st Respondent cast doubt on their capability, affecting public confidence and causing anxiety among students.

KHRC argues that the mishandling of exams by the 1st and 2nd Respondents (Kenya National Examinations Council) has subjected Kenyan learners to international scrutiny, raising suspicions about the quality of their education and limiting global opportunities for these students.

KHRC says despite a formal request for information under constitutional provisions and relevant laws, the Petitioners have not received any response or information from the 1st and 2nd Respondents. The lack of communication reflects a dereliction of duty, trust, and responsibility by the authorities.

The Commission on Administrative Justice's attempt to intervene and secure information on behalf of the Petitioners was also unsuccessful, further highlighting the Respondents' failure to provide necessary information.

KHRC wants a halt to national exams until a thorough audit is conducted to restore credibility and ensure the proper functioning of the education assessment system.

You can read PDF of the complete petition on this page