A petition has been filed in court challenging further implementation of the Competency-Based Curriculum (CBC).
Through lawyer Nelson Havi, the petitioner lawyer Esther Awour Adero, asked that the matter is heard by a bench of not less than 5 judges.
“An order of injunction be issued restraining the government from further implementing the Kenya competence-based Curriculum introduced through the basic Basic Education Curriculum Framework, 2017 and Sessional Paper 1 of 2019 on Policy Framework for Reforming Education and Training for Sustainable Development in place of the existing system and structure of basic education (8-4-4) codified under section 41 of the Basic Education Act no 14 of 2013 and the existing curriculum in respect thereto,” court papers read.
Adero argues that the implementation of the new curriculum is unlawful and should be halted to avoid hurting the children’s future.
The petitioner is seeking interim orders barring further rollout of the curriculum. This, she says, will prevent further infringement of the rights of children to education and free and compulsory basic education by the government.
Law Society of Kenya (LSK) President notes that there has been uproar over the unlawful manner in which CBC has been imported from other jurisdictions.
Havi also faults the Education Ministry for replacing the 8-4-4 curriculum through sessional papers and policy instead of legislation.
“There’s no identifiable document or instrument upon which the CBC curriculum can be traced as one developed in the manner set out in section 73 and 74 of the Basic Education Act NO. 14 2013 as read together with section 4 of the KICD Act No.4 OF 2013,” says Havi.
Court papers also state that the new curriculum has imposed a financial burden on the parents/guardians through the procurement of courses books, learning material among other school items.
“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.
“An unlawful overhaul and change of the system and structure of the basic education of the curriculum by the Jubilee administration in purported pursuit of legacy projects is an argument that is not in tandem with what was promised but is escapist, seeking to place the blame for lack of viable policies to ensure employment and economic empowerment for all citizens on children by falsely asserting that the 8-4-4 system of education makes them incompetent and unemployment.”
The respondents in the case are; Cabinet Secretary for matters relating to Basic Education, Kenya Institute of Curriculum Development (KICD), Kenya National Examinations Council, Teachers Service Commission, Kenya National Union of Teachers, National Assembly, Dr. Fred Matiang’i and Prof. George Magoha.