Private schools seek to join case against CBC
A lesson in progress at Riong’o Primary School in Tiaty, Baringo County, on September 15. The case is challenging the legality of the new competency based curriculum (CBC).
More than 10,000 private schools and two other parties now want to be enjoined in the case challenging the legality of the competency based curriculum (CBC).
When the CBC petition came up for directions before Justice Antony Mrima on Wednesday, the Kenya Private Schools Association, Katiba Institute and Kenya Union of Post Primary Education Teachers sought to be enjoined as interested parties in the case filed by lawyer Esther Ang'awa.
Ms Ang'awa wants the court to bar the state from further implementation of the new curriculum pending hearing and determination of the case.
Justice Antony Mrima directed all the intended interested parties to file their formal applications by close of business Friday.
However, the judge did not suspend the CBC as prayed for by Ms Ang'awa through the petition filed by Law Society of Kenya (LSK) president Nelson Havi, saying he will give further directions on September 28.
He further directed Mr Havi to serve all the respondents in the case including two cabinet secretaries, Prof George Magoha (Education) and Dr Fred Matiang'i (Interior), and the Kenya Institute of Curriculum Development (KICD).
The petitioner urged court to direct the government to revert to the 8-4-4 system.
The petition also seeks to have the case referred to Chief Justice Martha Koome for appointment of more than five judges to hear and determine the matter.
In the certificate filed by Mr Havi, it is stated that the case raises substantial and novel questions for consideration.
The LSK boss argues that actions by CS Magoha, KICD, the Kenya National Examination Council and Teachers Service Commission to introduce the new curriculum, which replaced the 8-4-4 system, is unconstitutional and unlawful.
He says there is overwhelming public outcry over CBC, hence he is left with no option but to present a petition to challenge its validity.
“CBC is a fraudulent curriculum that is being forced on the nation of Kenya and it was rolled out without a professional perspective,” he argues.
Ms Ang'awa argues that the actions by CS Magoha and KICD, who introduced the CBC, was not done in accordance with the law, adding that its roll-out and implementation was shrouded in opacity.
