CBC court case in kenya, petitioner ruling prayer

Summary of CBC court case filed in the high court of Kenya

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Competency Based Curriculum (CBC) is facing another hurdle after parent and lawyer Esther Awour Adero Angawa filed a case in the high court to have the implementation of CBC be declared unconstitutional.  

CBC court case in kenya, petitioner ruling prayer
Case filed at the high court to stop CBC implantation/Photo

CBC Court Case  

The petitioner of the case is lawyer Esther Awuor Adero Ang’awa and the respondents are the ministry of education basic education department, Kenya Institute of curriculum development (KICD), KNEC (Kenya National Examination Council), TSC (Teachers Service Commission), KNUT, and education ministry prof George Magoha.  

The case was filed at the high court of Kenya in Nairobi on 16th September 2021.  

The petitioner is being represented in court by HAVI and Company advocates, a law firm run by the 49th President of the Law Society of Kenya (LSK) Nelson Havi.  

The key prayer of the petitioner is to have CBC be declared unconstitutional and stopped from being implemented and the basic education system be reverted to 8-4-4.  

What the petitioner wants the courts to rule on CBC 

The petitioner wants changes in the system and structure of basic education in Kenya  (early childhood education, primary education, secondary education, and middle-level institution) from 8-4-4 to 2-6-6-3 be declared unconstitutional according to Article 1(3)(a), 2(1), 3(1), 10, 21(1, 2, 3), 24 (1), 27 (1, 2, 4, 5), 33 (1), 43 (1), 47 (1, 2), 53 (b, d, 2), 55 (c), 56, 73 and 232 of the constitution of Kenya  (learn more about 2-6-6-3 structure). 

Dr. Fred Matiangi who initiated CBC and Prof. George Magoha who is implementing CBC be declared unsuitable to hold public office. 

A declaration be made that CBC is based on vocational education and training approaches conceptualized for specific use in training adults in vocational skills and therefore it is inapplicable for basic education in Kenya. 

An order of injunction be made to restrain the ministry of education from implementing competency-based curriculum.  

We will provide updates when the high court will make ruling on the case.

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