The Kenya National Examinations Council (KNEC)’s plan to administer a mid-year series of the Kenya Certificate of Secondary Education (KCSE) exams has faced a setback after the High Court issued a suspension of the decision.
KNEC had announced a retake in July, offering candidates who wished to improve their grades from last year’s exams a second chance. However, the court has temporarily halted the process.
In her ruling, Kisii High Court Lady Justice Odera Teresa Achieng stated that the petition filed by Nakuru-based doctor Magare Gikenyi met the threshold to issue conservatory orders.
“The application has met the threshold for granting conservatory orders at this stage. I proceed to issue conservatory orders…to preserve the subject matter pending inter partes hearing,” Justice Odera ruled on Wednesday, January 29.
Kenya National Examination Council(KNEC) Chief Executive Officer David Njengere during the distribution of national exams in Murang’a
The conservatory orders came after Gikenyi sued KNEC, claiming repeat exams mid-year would undermine national examinations’ integrity.
In his petition, the doctor further claimed mid-year retakes contravened candidates’ rights to respect for their best interests, their right to life and development, and their right to be heard and participate.
“If this honourable court does not stop the illegal actions and omissions committed by the respondents, then the outlined constitutional violations will continue, undermining the rule of law and principles of good governance,” he proclaimed in his petition.
After classifying the petition as urgent, Lady Justice Odera ordered the affidavit to be served on February 12. KNEC, who was named as one of the respondents on the affidavit, was set to be served on January 30.
The conservatory orders will be a significant setback for the examination council, which had already begun the registration process for the repeat exams.
KNEC had planned to categorize the candidates into two groups: full repeaters, who would sit for seven or more subjects, and partial repeaters, who would sit for fewer than seven subjects.
Additionally, at least 840 students whose results were nullified after investigations revealed their involvement in examination malpractice were given a chance to retake the exams during the mid-year series.
A total of 712,537 students who did not attain the minimum grade of C+ plus in the 2024 KCSE were also eligible for registration retakes.
Education CS Julius Ogamba while announcing the 2024 KCSE results at Mitihani House on Thursday, January 9, 2024.
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Ministry of Education