• Matter referred to Chief Justice Martha Koome to appoint a bench.
• The matter will be mentioned on December 7.
Image: FILE
A case in which a parent is challenging the Competency Based Curriculum will now be heard by an uneven number of judges.
Justice Antony Mrima said the petition raises substantial issues requiring consideration by a number of judges being not less than five.
He referred the matter to Chief Justice Martha Koome to appoint a bench.
The matter will be mentioned on December 7.
The case was filed in September by Esther Ang’awa, a parent and an advocate who seeks to suspend further implementation of CBC for basic education.
Ang’awa said CBC 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 the 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 said 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 the CS Education George Magoha and Kenya Institute of Curriculum Development (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 said.
Edited by CM