Parents and guardians of Kitengela International School and Set Greenhill Academy Mixed-and-Boarding Junior School 2023 KCPE candidates initiated legal action against the Kenya National Examinations Council (KNEC). Their primary concern revolves around alleged errors in the grading system, causing dissatisfaction among both parents and students.
In this unfolding legal battle, complex arguments, strategic maneuvers, and rigorous investigations take center stage. It is an arena where laws are not only interpreted but sometimes redefined.
Filing Petitions in High Court
Perceiving unjust results and harboring frustration, the two schools have filed petitions in the High Court. Their objective is to temporarily halt the Form One selection process until a thorough investigation into their concerns occurs and is appropriately addressed.
Lawyer Danstan Omari, representing the parents and students, emphasizes the urgency of the matter. The legal team posits that continuing with the Form One selection exercise, scheduled for November 27, could potentially deny students justice if their claims find support during the review.
Parents Express Concerns
Representing Kitengela International, Pius Kiio voiced disbelief over the unexpected variance in this year’s results. The school, known for consistently producing exemplary outcomes over three years, struggles to reconcile the discrepancies within the 2023 result set. Kiio contends that these results “did not fall within a reasonable range.”
Evelyne Kemuma of Set Greenhill Academy expressed discontent with the marking of her child’s exam papers and the apparent hastiness in releasing results. She highlighted the mental stress and anguish inflicted upon her child by the assigned grade and national examination marks.
Allegations Against KNEC and Ministry of Education
Both petitions actively sue KNEC, key entities including the Education CS, Teachers Service Commission (TSC), Ministry of Labour and Social Protection, and even the Director of Children Services. The Attorney General and Kenya Human Rights and Equality Commission are implicated, along with the Director of Public Prosecution and Directorate of Criminal Investigations—a powerful reflection of the severity of the matter.
Call to Uphold Constitutional Duty
The petitioners argue that the court’s intervention is crucial to safeguard children’s right to education. They assert that without urgent action, constitutional rights and provisions in both the Children Act of 2002 and international instruments will suffer violation.
Under Article 10 of the Constitution, the parents seek a court declaration that it is the respondents’ duty to verify examinations before public release. They present robust evidence of this alleged failure, claiming that it has engendered confusion, mistrust in public institutions, and directly affected their child’s educational trajectory.
Additionally, the parents seek orders to prevent any retaliatory action against them for filing the petition.