Two Cabinet secretaries have urged the High Court to decline a plea by two lobby groups and a parent to be enjoined in a case challenging the legality of the Competency Based Curriculum (CBC).
Education CS George Magoha and Interior CS Fred Matiang'i vehemently opposed the application to add more parties to the case filed by a parent through Law Society of Kenya (LSK) president Nelson Havi.
Opposing the request to have Katiba Institute, Sheria Mtaani and parent John Diro enjoined as interested parties, lawyers Philip Murgor, for Prof Magoha, and Fred Ngatia, for Dr Matiang'i, said the three had not met the threshold to be allowed to participate in the case.
"In regards to the three applicants Katiba Institute, Sheria Mtaani and John Diro…they have not demonstrated their unique contribution and have not demonstrated the prejudice they will suffer if not allowed to join the suit," they said.
Mr Murgor urged Justice Antony Mrima not to allow the trio in the matter as they had not provided any sufficient grounds for seeking to participate in the case.
Mr Murgor said the Katiba Institute has sought to introduce new issues to the case that had not been brought up by the initial petitioner, lawyer Esther Ang'awa.
But the CSs said they were not opposed to the applications by other proposed interested parties - Kenya Private Schools Association, Kenya Primary School Headteachers Association, Kenya Union of Post Primary Education Teachers and National Parents Association – to be enjoined in the CBC case.
Ms Ang'awa, through Mr Havi, also informed the court that she was not opposed to any of the proposed interested parties being enjoined in the case.
The intended interested parties argue that they will be greatly prejudiced if they are not allowed to participate.
"The applicant comes before this court as a parent whose opinion is captured in the parents association as he has an interest in the matter. The applicant has all right to approach this court and air out his grievances," the National Parents Association said.
In her petition, Ms Ang'awa wants the court to bar the State from further implementation of CBC pending the determination of her case.
She says CBC has imposed an economic burden on children, teachers, parents and caregivers.
She cites the procurement of course books, learning materials and curriculum designs “without regard to the real dynamics of the Kenyan population and the needs of the society”.
She is seeking conservatory orders barring further steps in the implementation of CBC in order to prevent further denial, violation or infringement of the rights of children to education and free and compulsory basic education.
She also argues that the introduction of the new curriculum, which is to replace the 8-4-4 system, is unconstitutional and unlawful.
A ruling on whether to allow all the proposed interested parties to be enjoined in the case is expected on November 15.
