• Also directed to file applications are Katiba Institute, Kenya Association of Private Schools and Kenya Primary School Heads association.
• Mrima issued the directive after Magoha argued that a formal application needs to be made for the court to gauge whether their joinder will be helpful to the court.
The Kenya Union of Post-Primary Education Teachers has been directed to file a formal application before being allowed to participate in a case challenging the Competency Based Curriculum.
Also directed to file applications are Katiba Institute, Kenya Association of Private Schools and Kenya Primary School Heads association.
Milimani High Court judge Anthony Mrima issued the directive after Education CS George Magoha, through lawyer Philip Murgor, argued that a formal application needs to be made for the court to gauge whether their joinder will be helpful to the court.
Other lawyers representing different parties were also opposed to the joinder of the intended interested parties unless they file a formal application.
The other parties in the case as listed in the court documents are CS responsible for matters relating to basic education, Kenya Institute of Curriculum Development, Kenya National Examination Council, Teachers Service Commission, Kenya National Union of Teachers, National Assembly and Fred Matiang’i.
The case was filed on Friday last week by Esther Ang’awa, a parent and an advocate, who seeks to suspend further implementation of CBC for basic education.
Ang’awa says the CBC curriculum has imposed an economic burden of procuring course books, learning materials and curriculum designs on children, teachers, parents or caregivers without regard to the real dynamics of the Kenyan population and the needs of society.
The national rollout of CBC started in January 2019 at Pre-Primary I and II and Grades 1, 2 and 3 in lower primary.
The 2-6-3-3-3 curriculum was billed as the ultimate game changer in the country’s education, as it seeks to plug gaps noted under the 8-4-4 system of rote learning. It is yet to be fully embraced.
In her court documents, Ang’awa, through lawyer Nelson Havi, says the legal framework necessary for the change of the system and structure of education from 8-4-4 or the adoption of the CBC curriculum recommended to CS Magoha and KICD by the National Assembly has not been put in place to date.
The parent also faults KICD for failing to demonstrate that it initiated and conducted research to inform the national government of the CBC curriculum.
“The entire process of conception, introduction and implementation of the CBC curriculum in basic education is undertaken in an opaque manner, without observing the law and participation of the people,” Havi says.
Ang’awa wants the court to suspend further steps towards implementation of the basic education curriculum framework 2017 and the sessional paper on policy framework for reforming education and training for sustainable development in Kenya, pending hearing of the petition.
She says the actions of Magoha and his team are unconstitutional and are prejudicial to the future of the children of Kenya and ought to be halted pending the determination of the questions raised in the petition.
When the matter was mentioned yesterday, the respondents argued that they were not properly served with the pleadings.
They also argued it would be premature for Havi to seek the empanelment of an uneven number of judges at such a stage.
Mrima directed Havi to resend all the pleadings by close of business yesterday and the intended interested parties to file theirs tomorrow. Further directions will be issued on Tuesday next week.
Edited by A.N