Parents and guardians of Kitengela International School and Kisii's Set Greenhill Academy Mixed and Boarding Junior School 2023 KCPE candidates have sued KNEC over the KCPE results.
The two have moved to the High Court seeking orders to stop KNEC and the Ministry of Education from beginning the Form One selection exercise until the petitions are heard and determined.
The parents disputed the results released on Thursday claiming that there were errors in the grading system.
They said if the process goes on November 27, as planned the pupils will be denied justice and miss the secondary school of their choice if the review is done in their favour.
Pius Kiio of Kitengela International who is representing his child stated that the school had in the last three years produced good results and it was difficult to now comprehend how this year's results had variances.
Through Lawyer Danstan Omari, Kiio said the 2023 results "did not fall within a reasonable range".
At the same time, Evelyne Kemuma of Set Greenhill Academy expressed her dissatisfaction with how her child's exam papers were marked and the rushed release of the results.
She told the court that her child has had mental stress and torture owing to the grade and marks she was awarded in the national examination.
The parents and management of the schools voiced their apprehension with the general variance.
"There is no way pupils can be scoring over 420 marks and from nowhere they end up scoring less than 400," they said.
In both petitions, KNEC has been sued along with the Education CS, Teachers Service Commission (TSC), Ministry of Labour and Social Protection, and the Director of Children Services.
Others are the Attorney General, Kenya Human Rights and Equality Commission, Director of Public Prosecution and Directorate of Criminal Investigations.
The petitioners argued that granting the orders would not in lead to losses or damages on the part of the respondents.
"There is an urgent need for this court to protect children's right to education by staying the commencement of Form One placement exercise pending the hearing and determination of this application and the main petition in this case," the petitions read.
They added that unless the court moves with urgency, the children's rights under the Constitution, the Children Act 2002, international instruments and other enabling laws will be violated.
The parents also want the court to find that the respondents failed in their constitutional duty under Article 10 to uphold the rule of law to ensure that examinations were verified before being released to the public allegedly causing confusion and mistrust of public institutions.
They also prayed for orders prohibiting the respondents from restraining them from taking any action against the parents and their children on the basis of filing the petition.
